How do you know you've got it all
By: Dan Baldyga
Date: 2003-02-17
I've recently been asked by several readers of Drivers.com how they can be positive they really got all the money due them by the insurance company? I'm absolutely confident that BASE (The Baldyga Auto Accident Settlement Evaluation) Formula, found in my book, will provide them with the info they need, however to answer these readers please allow me to make this suggestion:
If indeed yours is a complete and total case of clear liability on the part of the other driver--and if you're sure of the property and personal injury "statute of limitations" in the state where the accident took place--you should dicker with the insurance company and obtain from them the best possible offer they'll come up with.
Once you've done that, go out and find a Legal Beagle to take on your case, but only on one condition--that your lawyer will take their fee from the money they obtain over and above what you've already been offered in settlement.
In other words, if the insurance company offers you a bottom-line settlement (which includes your medical bills, property damage, lost wages, etc.) and that figure is, say, $10,000, you should tell that Beagle, "Okay I'll give you my case, however your commission should be taken from whatever you get above and beyond that $10,000."
At that point you'll hear the legal beagle howling from several blocks away! When the howling stops, ask why you should pay a portion of the $10,000 you've already been offered. The beagle will slink around the office, spittle dripping from jaws, clawing the rug and/or humping your leg because there's no answer to that question. Should that beagle continue to give you a hard time try this--say, "Tell you what, your commission is usually 1/3 of the recovery. In this instance I'll give you 50% of the recovery! In other words, I'll split every dollar you get--above and beyond that $10,000 I've been offered--fifty-fifty!"
If the beagle still balks (and you're absolutely positive the accident is not a question of liability but rather "how much" it's worth), you can try to find one that's more willing. If they all turn you down, you can be 99.9% assured that the money offered is just about the limit of what your claim is worth.
---Dan Baldyga's Auto Accident Personal Injury Insurance Claim can be found at autoaccidentclaims.com or your favorite bookstore.
DISCLAIMER:
This claim article's only purpose is to help people understand the motor vehicle
accident claim process. Neither Dan Baldyga, PDE Publications nor Drivers.com
makes any guarantee of any kind whatsoever, nor do they purport to engage in
rendering any professional or legal service, nor to substitute for a lawyer,
an insurance adjuster, or claims consultant, or the like. Where such professional
help is desired, it is the individual's personal responsibility to obtain it.
2003 By Daniel G. Baldyga. All Rights Reserved
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