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I've recently been asked by several readers of Car Junky 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 (so you don't let the time pass when you can collect for your property damage, all your out-of-pocket expenses plus your "pain and suffering") - - you should dicker with the insurance company and obtain from them the best possible offer they'll come up with. (**More**)
Once you've done that go out and find a Legal Beagle to take on your case (but only on one condition) and that is 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, and all your other out-of-pocket expenses - - plus an additional amount for your "pain and suffering") - - and let's say that figure is $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 they'll hear that Legal Beagle howling from several blocks away!
When he stops bellowing ask him why he should get a portion of the $10,000 you've already been offered? The Beagle will slink around the office, spittle dripping from his 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 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 find one that will. Even if they're not a self-proclaimed alleged "hot shot" - - or maybe a youngster just beginning their practice - - it's okay. If it's only a question of "how much" you'll find one. And, 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.
So, friends of Car Junky (after you've read my book and applied The BASE Formula) try the above on for size - - what can you lose? Just make sure you don't let that statute run.
Many more detail's are contained in Dan Baldyga's third "How To" Insurance Claim book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) found at http://www.autoaccidentclaims.com or your favorite bookstore.
Copyright (c) 2003 By Daniel G. Baldyga. All Rights Reserved
DISCLAIMER: This claim article SPECIAL FOR THE READERS OF CAR JUNKY is intended for background information. Its only purpose is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor CAR JUNKYmakes no 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 RESPONSIBILITY TO OBTAIN.
Copyright (c) 2005 By Daniel G. Baldyga. All Rights Reserved
Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
http://www.autoaccidentclaims.com