Legal Question in Personal Injury in Maine

I was a passenger in a car accident about 3 years ago. The driver was going about 95mph when he hit a tree. I was knocked out and taken to the hospital; I had a concussion, my lip was tore open-it had to have about 10 stiches and I still have a pretty big scar from it, some back and hip issues resulting from the blunt force. The thing is I didn't have insurance at the time and owe about 8,000 dollars to the hospital. I was told that I should contact Geico, the drivers insurance company, and they would offer me a settlement or at least pay my hospital bills. Is this true? Should I just contact them myself or go through a lawyer? What is a resonable settlement I should accept if I decide to contatct Geico directly?

THANK YOU


Asked on 1/17/10, 9:40 am

3 Answers from Attorneys

Elliott Teel Teel Law Office

You will likely get a much better deal by going through a lawyer. This is not my field of practice, but there are plenty of personal injury lawyers throughout the state.

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Answered on 1/22/10, 10:04 am
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

A large portion of my pratice is personal injury, and many of my cases are on behalf of passengers like yourself. In general terms the claim process should turn out better with a lawyer involved. Insurance companies know that you will not file a lawsuit yourself, and ultimately the potential large verdict from a jury on the claim is the best motivation for the insurer to settle for a fair amount. I am confident that with serious injuries and facial scarring, I should be able to achieve a result that a client would not likely be able to gain alone against the insurance company. I discourage people from trying to deal with the insurer on their own as it often leads to undue pressure to settle, a lower settlement, and the insurer will usually later try to use everything said by the claimant against them. There are so many factors that go into determining a fair settlement that it cannot be answered in an email forum like this. I would be happy to speak with you about your case in detail if you would like to call or email me directly.

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Answered on 1/22/10, 11:15 am
David Marchese Drummond & Drummond, LLP

Hi,

Thank you for the opportunity to respond and assist you. First, you need to know that you have statute of limitations that affects your case....depending on where your accident occurred, the time for it changes...in Maine, you have 6 years from the injury to file suit, or you forever lose the right to bring a claim. Insurance companies love to deal with people who don't have an attorney...they make offers that sound good, but the offers are usually much lower than an attorney will negotiate for you. Every thing that you do will affect how the insurance company responds to you, so it's best to hire an attorney soon, rather than later. The insurance adjusters who handle claims are experienced in taking advantage of people who are not represented. I will help you resolve the outstanding medical bills and I will give you guidance on how to address many issues, including whether you should pursue additional scar repair & whether I can get compensation for it. There are many components of damages, so it is impossible for me to give you a value of your case without looking closely at all the facts and issues. My expertise is in this area of the law...it's 95% of my work. Please allow me to assist you in obtaining the best result.

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Answered on 1/22/10, 3:17 pm


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