Let's assume you are involved in a two-vehicle collision. The other driver is at fault, such as it appears was the case in the rural Baxter collision where two motorcycle riders died. The insurance company for the at-fault driver is immediately put on notice of the collision by its insured driver. While the relatives of the decedents will be busy with funeral and burial details or in the case of an injured person getting medical care, the insurance company will spring into action to perform an investigation. 
 The other guy's insurance company has no responsibility to take photographs, to keep any photographs they take, to preserve the vehicles involved or to interview witnesses. The other person's insurance company has no duty to you or to your case. Reread that last sentence because it's important you understand it clearly. 
 So while you may be hospitalized or arranging a funeral they are working their case. And work it they will do. If they phone you sort of admitting liability or offering to pay for the damaged or destroyed vehicle you feel somewhat assured they will later

After the car wreck should I talk with the other guy's insurance company? They seem nice enough, polite and say they want to help. What should I do?

 



For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney



A:

Let's assume you are involved in a two-vehicle collision. The other driver is at fault, such as it appears was the case in the rural Baxter collision where two motorcycle riders died. The insurance company for the at-fault driver is immediately put on notice of the collision by its insured driver. While the relatives of the decedents will be busy with funeral and burial details or in the case of an injured person getting medical care, the insurance company will spring into action to perform an investigation.  

The other guy's insurance company has no responsibility to take photographs, to keep any photographs they take, to preserve the vehicles involved or to interview witnesses. The other person's insurance company has no duty to you or to your case. Reread that last sentence because it's important you understand it clearly.

So while you may be hospitalized or arranging a funeral they are working their case. And work it they will do. If they phone you sort of admitting liability or offering to pay for the damaged or destroyed vehicle you feel somewhat assured they will later "do the right thing." And that is where you are making an incorrect assumption. The other driver's insurance company has no duty to you. My advice would be to forget the insurance proceeds right now. See a lawyer, hire a lawyer and get someone preserving the evidence. While you're dealing with doctors or funeral directors let a seasoned trial lawyer work to preserve evidence of the accident scene and vehicles. Let them interview witnesses and analyze what they say. I say this because if you settle with the other guys insurance company for your vehicle damage, they will then take control of the wrecked vehicle (motorcycles) and sell them for salvage. The salvage yard will crush and cube them or sell them at auction. And from there the evidence is gone or altered making proof of your case more difficult or impossible.

You are told repeatedly that lawyers are greedy and rush to file lawsuits. I wish that statement had more truth to it. But normally it isn't the truth. Most crash victims don't want to appear greedy so they hesitate to move quickly to a lawyer. Or they hire the local family attorney who shoes many horses and doesn't consider himself a civil trial lawyer. A family lawyer is probably thrilled to have your case in his office. But it's not the right thing to do for either the client or the lawyer. The lawyer should immediately get on the phone and refer the case to someone who specializes in civil litigation. He should have turned the case down or referred it because as the file sits idly on his desk the defendant's insurance company is executing on a planned investigation that is destroying your case.  In most cases waiting can result in evidence being lost or purposefully destroyed. And when that occurs so goes the ability of the lawyer to prove your case.

So what is my advice when you are in a serious accident? Find a lawyer quickly. Tell them you're hiring them to preserve the evidence for later consideration. If the other driver's insurance company phones you say nothing except, "Here is my lawyers contact information." Make no statement. If they insinuate that you are being greedy hang up the phone. The other guy's insurance adjuster is a trained professional who has probably done this hundreds of times. Making you make mistakes is his specialty. Don't be fooled. Be aware, be informed and protect yourself. Remember when the insurance adjuster wants to talk with you they have two goals in mind, none of which is in your best interest.

For additional information on this subject read my previous post on this subject along with posts from Craig Kelley of Omaha, Michael Myers from Seattle, Chuck Boyk from Ohio from and others.




Welcome to the Lombardi Law Firm website. If you or an interested person are in a collision and you would like the crash analyzed you'll need to contact Attorney Lombardi. This may or may not result in an attorney-client relationship and simply asking for a review does not in and of itself create such a relationship. If you ask and Mr. Lombardi thinks you have a case he will say so and provide an agreement for representation that then creates an attorney-client relationship. The bottom line is that Mr. Lombardi has to agree to take you on as a client; the first step of course is asking him. You've got two ways: telephone 515-222-1110 or email sent to sdlombardi@aol.com.
We try to make Steve Lombardiour website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


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What should I do if an attorney is trying to overcharge me for an auto accident case? On July 2010 I was rear ended while on duty. That day I was transported to the hospital and scheduled a follow-up with the workers comp doctors. Upon several visits the doctor advised that neck and hip pain were pre-existing, so I decided to get a Lawyer. I went to Lawyer A, who has represented me up until Nov 2011. On November 19, I received an email from Lawyer A, who advised me the insurance company wants to settle my case for $12,500 with me receiving $5,000. I advised Lawyer A that price would not work, because I have been seeking treatments (message therapy, and acupuncture) using my personal insurance. I did not know when I was using my personal insurance, depending on how the treating doctor codes it, the insurance company can seek for me to pay them back in the future (information told to me by Lawyer A’s staff) . In addition, Lawyer A’s staff advised me to not go back to my worker’s comp doctor because my bill was too high, and for me to see a personal injury and car accident doctor. When I advised Lawyer A that did not want to settle my case with the insurance company for $12,500 with me receiving $5,000, Lawyer A offered me $6,000. I advised Lawyer A that price would not work as well and I would contact their office at a later date. I then found Lawyer B, explained the entire situation to them and signed an agreement with them and terminated Lawyer A due to me not being satisfied with the services they provided me throughout the entire time. Almost a month later Lawyer B contacted me advising me that I was untruthful and they are deciding to not take my case because per the insurance company Lawyer A settled my case for $12,500 on November 19th, and a check was already overnight to Lawyer A’s office. Now that was unbeknownst to me. I then contacted Lawyer A and their staff advised me the insurance company was in a rush and just mailed them a settlement check in attempts to clear their books before the end of the year.

Can I sue the policy holder for injuries or just the driver? I was in an accident and the other driver was at fault. He is a high school senior. The insurance policy is in a different name but same address. If the limits are low, can I sue the policy holder or just the driver? I was injured and have had two surgeries. The doctor says I will likely need more.

Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

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