I'm not sure what that means, but no... I haven't talked to Geico's attorney. My attorney has only talked to him once, recently... which resulted in the offer getting bumped to $18.5k.

The driver received a ticket for careless driving, and the report states that visibility was good and I was riding lawfully. The driver stated to *me* that he thought he didn't see me because it was raining heavily (actually light drizzle, confirmed by a weather station 2 miles away), we were coming around a curve (a slight curve, with no trees or bushes to obstruct his view of me), and since we were coming to the crest of a small rise he was focused on making sure he wasn't over the centerline in case there was oncoming traffic.

What do you mean by "could they pin the injuries on something else"?

I think I'd be a good witness... but I do live in a mostly rural county where I'm sure most people think it is insane to ride a bicycle on the road... including the judge. The guy who hit me is a very nice 85 year old man who moved here 6 years ago from Texas. A lot of people have moved here from east Texas... so I think a jury would naturally be more sympathetic to him.

Not enough facts to evaluate (plus not a good idea to do so over the internet) but, as a general rule, if you feel like you are getting nothing (and only getting you medical costs back is basically nothing unless you were back at work the next day and had no lasting effects), you should at a minimum ask your lawyer to explain to you in detail why it is this particular offer is a good one. If he is remotely competent, he will be able to give you some facts to back up his opinion. . . . .

And, the 6 month gap will probably work against you, because that opens the door to claims that there were other causes in the interim.

Yes... as my lawyer keeps reminding me. But it is hard for me to believe that the clear facts of the accident... that I was directly impacted on my body by a truck traveling at high speeds... would lead someone to the conclusion that I healed up perfectly, and I'm faking it... or something *else* is the cause. It was a miracle that I wasn't killed or at least more seriously injured. A 100% recovery with no lingering effects would be an additional miracle on top of that.

I thought it was a no brainer too... and my lawyer even indicated as much in the beginning. I hear a lot of first hand accounts of people getting $10k (without a lawyer!) when their injuries are so minor that they have no medical bills at all.

My lawyer has apparently decided he doesn't want the case. I don't know why. Geico being tough, so too much trouble with too little upside? I know he is busy as hell and likely has much bigger cases to deal with. He has been low-balling me hard core ever since Geico countered with $15k. The last offer we made was for $28k before filing suit. I didn't feel good at all about that but it least I would have had something after bills.[/quote

The short answer is that it's much easier for him to accept a quick settlement after doing nothing but writing a few letters on your behalf, than it is to actually file suit and pursue your interests further.

Have you ever been in an accident where you were injured and received a settlement for personal injury?

Because... I have a big decision to make by tomorrow...

Nearly 3 years ago I was hit directly from behind by a pickup on the highway... old guy, says he didn't see me... he stopped which was nice. Surreal experience. Thought I was dead initially, because the sensation of impact (~40mph speed differential) was insane... but 5 hrs and many x-rays later the emergency room declared that miraculously nothing was broken... just a badly wrenched back (severe spasms anytime I moved), smashed elbow, lots of bruising and soft tissue damage and a turn signal light stuck in my hip...

After the wtf?! shock was over I eventually got a lawyer. He indicated that he thought it would be an easy case. I've continued chiropractic treatment, along with daily exercises and traction, and several deep tissue massage sessions. I have improved quite a lot in the last year. I can do nearly everything I did before the accident with relatively minor pain.

My expenses (nearly all medical) were $13k to date, so this is about 3x.

After everything and likely a lifetime of dealing with a bad back and elbow, I should be getting nothing? And no, I don't have insurance that will take care of future expenses either.

As far as the jury trial, IIRC (My parents were adjustors), it would go to an independent insurance arbitration board if you can't come to an agreeable settlement, and they usually determine the outcome. The jury trial stuff is generally if you sue the person personally, or possibly have some grievance with the arbitration board.

When in the process would an arbitration board get involved? I'm not sure what you mean... the documents look like I'm filing suit against the guy who hit me.

You can always get a new lawyer. If you don't like/trust someone handling something like this for you, then you should find someone else.

How does that work? I signed a contract so I thought I was stuck with him... stuck with paying him at least.

And, the 6 month gap will probably work against you, because that opens the door to claims that there were other causes in the interim.

Yes... as my lawyer keeps reminding me. But it is hard for me to believe that the clear facts of the accident... that I was directly impacted on my body by a truck traveling at high speeds... would lead someone to the conclusion that I healed up perfectly, and I'm faking it... or something *else* is the cause. It was a miracle that I wasn't killed or at least more seriously injured. A 100% recovery with no lingering effects would be an additional miracle on top of that.

The original advice is not correct, at least for Colorado (I know you're in AZ, but I just know CO law). Just beware of differences between states. You are almost certainly suing the tortfeasor directly.

I'm in NM... not sure what happens here.

Finally something in Slowtwitch in which I am actually an expert having tried many cases just like yours (on the defense side actually). And since I am an expert in this area, I will give you my best expert advice: Get a new lawyer. Because if it is true that you do not know how things happen on your case, or even what a deposition is, you are not being represented properly. Do so immediately.

You are a lawyer in NM?

He definitely hasn't mentioned anything about a deposition... or arbitration or mediation. Even if those are part of the process here, we just filed suit a couple months ago. Is it possible that these occur much later? He told me it would likely be over a year from now before a trial would happen.

If I get a new lawyer... who am I going to get? I'd need a lawyer who is considerably "hungrier" than this guy, and willing to do a lot of work for a *chance* at a modest reward. And then I still have to pay this guy.

Have you ever been in an accident where you were injured and received a settlement for personal injury? If so, can you briefly describe the circumstances (the accident, your injuries and treatment, lawyer or no?) and how much you received?

Because... I have a big decision to make by tomorrow...

Nearly 3 years ago I was hit directly from behind by a pickup on the highway... old guy, says he didn't see me... he stopped which was nice. Surreal experience. Thought I was dead initially, because the sensation of impact (~40mph speed differential) was insane... but 5 hrs and many x-rays later the emergency room declared that miraculously nothing was broken... just a badly wrenched back (severe spasms anytime I moved), smashed elbow, lots of bruising and soft tissue damage and a turn signal light stuck in my hip...

The guys insurance company (Geico) was very friendly and cooperative at first, and I'm not fond of lawyers and lawsuits... so I didn't get a lawyer. I got physical therapy and a lot of chiropractic treatment for my back, and seemed to be making good. A year later my elbow was still not fully healed, and I was occasionally experiencing bad back spasms which would put me down for a couple days. It was right after one of these that Geico made their friendly call to see how I was doing... and informed me that they were done paying.

After the wtf?! shock was over I eventually got a lawyer. He indicated that he thought it would be an easy case. I've continued chiropractic treatment, along with daily exercises and traction, and several deep tissue massage sessions. I have improved quite a lot in the last year. I can do nearly everything I did before the accident with relatively minor pain.

A couple months back my lawyer made an initial settlement offer of $40k. My expenses (nearly all medical) were $13k to date, so this is about 3x. The lawyer gets 1/3 which would have left me with $13k over bills for pain and suffering and future expenses. Geico countered with $15k... and wouldn't budge... until my lawyer filed suit. Now they are up to $18.5k... and my lawyer wants me to take it. After his fee and the bills that leaves me with essentially.... nothing. For whatever reason my lawyer doesn't want to mess with the case, but he won't tell me why. Well, he says it isn't worth more than that... but it seems like an incredibly lame settlement to me. After everything and likely a lifetime of dealing with a bad back and elbow, I should be getting nothing? And no, I don't have insurance that will take care of future expenses either.

You can always get a new lawyer. If you don't like/trust someone handling something like this for you, then you should find someone else.

How does that work? I signed a contract so I thought I was stuck with him... stuck with paying him at least.

And, the 6 month gap will probably work against you, because that opens the door to claims that there were other causes in the interim.

Yes... as my lawyer keeps reminding me. But it is hard for me to believe that the clear facts of the accident... that I was directly impacted on my body by a truck traveling at high speeds... would lead someone to the conclusion that I healed up perfectly, and I'm faking it... or something *else* is the cause. It was a miracle that I wasn't killed or at least more seriously injured. A 100% recovery with no lingering effects would be an additional miracle on top of that.

I told him I wanted to do it anyway... without an expert witness. Just tell the story straight up. I wouldn't feel good about hiring an "expert" anyway. The jury can use their own imagination about whether I might be faking something.

But I got to thinking about what I would like to say, and wondered if I'd be able to mention Geico at all? Because the reason why it has gone this far and why it would end up in front of a jury is because they have been real jerks. The guy who hit me is a nice guy (I've talked to him a few times) and I have no problem with him. In fact if it was just the two of us, I'm pretty sure we'd come to an agreement. But the documents do say I'm suing *him*. Am I required to pretend that the insurance company doesn't exist, and make no mention of my interactions with them?

Dude, where do you get that? Insurance defense counsel are among the lowest paid in the industry. Many GEICO lawyers are staff counsel grinding it out for less than $100,000 even after years of experience. I know because I get their resumes, and many insurance companies I work for pay less than $200 an hour. Even when I take higher end cases like nursing homes and legal malpractice cases the rate is so far below $500 an hour as to make your comment nonsense. Now, I am not saying I am not making a fine living. I am--even Obama thinks I am wealthy. But it is simply ridiculous to think that defense counsel in a rear end motor vehicle case is making $500 an hour. Where the hell do you even come up with that? Watching "The Verdict"? I guess this is how Slowtwitch works. Lots of experts out there. I just hope the training advice dispensed on this site is better than the legal advice. Somehow, although you would think it would be, I get the idea training advice is developed with the same lack of intellectual rigor as some of the posts on this thread.

Sorry to be so bitchy. Have not had my coffee yet.

I wasn't planning to do any whining at all...

So... it's reasonable for me to get nothing for pain and suffering for injuries that still aren't resolved, and be on the hook for future treatment or anything else that happens? Because that is precisely what Geico's offer amounts to.

From the anecodotes I've collected from people who have been in similar accidents, that isn't normal at all. It's normal to do much better without even getting an attorney.

So... it's reasonable for me to get nothing for pain and suffering for injuries that still aren't resolved, and be on the hook for future treatment or anything else that happens? Because that is precisely what Geico's offer amounts to.

From the anecodotes I've collected from people who have been in similar accidents, that isn't normal at all. It's normal to do much better without even getting an attorney.

Had a long talk with my lawyer yesterday... starting with saying no way on taking $18.5k, because that totally sucks, and then explaining how I understand why going forward from this point probably doesn't make financial sense for *him*... but I want to go to a jury trial if necessary and I need him to prepare a good case and back me up. He dismissed the idea that he cared about the money (sure), and stated that it actually didn't make financial sense for *me*. He thought a jury verdict in the $20-$30k range was most likely, and could be less.... and that I'd accumulate a bunch of expenses in addition... especially if I hired an "expert witness" to state that the physical damage would likely cause issues for the rest of my life. I'd have to pay these expenses myself. In addition in NM if the jury award is *less* than the offer I got from Geico, I'd have to pay 2x Geico's expenses for going to trial. So if something weird happens, and the jury doesn't give me anything because they think riding a bike on the road is insane and an accident waiting to happen, I could end up really deep in the hole.

I told him I wanted to do it anyway... without an expert witness. Just tell the story straight up. I wouldn't feel good about hiring an "expert" anyway. The jury can use their own imagination about whether I might be faking something.

But I got to thinking about what I would like to say, and wondered if I'd be able to mention Geico at all? Because the reason why it has gone this far and why it would end up in front of a jury is because they have been real jerks. The guy who hit me is a nice guy (I've talked to him a few times) and I have no problem with him. In fact if it was just the two of us, I'm pretty sure we'd come to an agreement. But the documents do say I'm suing *him*. Am I required to pretend that the insurance company doesn't exist, and make no mention of my interactions with them?

Also, since you have experience working for insurance companies... My lawyer is now telling me that he thinks they will go all the way to a trial as a matter of policy. Even if they lose a good bit of money on one case it will send a message to the industry that they are tough to deal with, which will end up saving them money in the long run.

What are Geico's lawyer's incentives on a case (are they paid hourly, or via some formula that considers the case outcome?) and are they the ones making major decisions, or do they need to get everything approved by administrators?

Oh... and about the "advice" dispensed on this site. The signal to noise ratio on this board is often very low... like the rest of the internet.

I haven't been to an MD for my back because I'm not at a point where I wish to seek surgery... and I don't believe that their non-surgical treatments would work as well as what I'm doing.

Here, it sounds like maybe you have the good story on the accident but Gieco has the good facts on the injury.

I would have much preferred broken bones rather than the injury to my back. Seriously... not even close. Two weeks of constant pain interspersed with dozens of severe spasms per day (I was an invalid), until I went to the chiro and got adjusted. Then less pain and less frequent spasms. Back always fragile and have to be careful... watch what I do, make my 120 lb wife do all the heavy lifting. I can ride a bike still (thank god) but I have to stop and stretch my back periodically. For the past year I've been on a daily regime of traction and core exercises in addition to chiro and deep tissue work, and I've noticed some improvement. I honestly don't know what it will be like 5 or 10 years from now... and neither does anyone else. No, I'm not an invalid... but I'm not what I was before the accident either.

I haven't been to an MD for my back because I'm not at a point where I wish to seek surgery... and I don't believe that their non-surgical treatments would work as well as what I'm doing. I've also been paying expenses out of pocket, so I have to watch that.

Physiotherapy/Chiropractic will help many cases for initial rehabilitation, but for ongoing issues and pain a Doctor should be giving you a referral for surgery or pain management. A person cannot not continuously receive Chiropractic treatment for the rest of their lives, just because they think this is the only thing that will help. A surgery or some kind of pain management treatment can potentially eliminate any ongoing issues, so this is something to consider.

Hope this helps! :)

If I had it to do over, I'd behave as though I was going for big $$$ from day one. It's easy to come down from that if the situation warrants it, but if you start out just hoping that you will heal up and be fine, you stand a good chance of being screwed.

I was involved in a lawsuit where I was morally and legally in the right but felt "badly" for the other party and wanted to give them a chance to do the right thing. The other party offered me $20K which was completely low ball but I accepted it and was ready to moved on. Except they never paid me.

how the hell did this thread pop back up?