Washington, DC asked in Car Accidents for Virginia

Q: Should I contact the insurance company Myself with any new info if I end up having to represent Myself for a case?

The car accident happened on July 1st 2019. I was Struck from behind while sitting at a red light. The driver (she) admitted she never saw that the light had turned red but of course got into court and lied. She said she stopped and then let go of the gas and bumped into the car. This accident caused me pain because I have previous back injury. The judge awarded me but only about 40% of My medical costs & wages, etc. I filed an appeal but my attorney at that time refused to do an appeal with me, So I am currently representing myself. After the accident a specialist diagnosed Me with scoliosis. He said that this was a lifelong spinal condition that was probably greatly affected by that accident & scheduled me for more Physical Therapy up to now. I have a meeting with her attorney February 25th to set a date for trial. Should I call her insurance directly and tell them I had scoliosis and hopes that they will offer a quick settlement? Or just go to court & represent myself there?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Virginia attorney could advise best, but your post remains open for three weeks. Your questions could be difficult to answer based on the brief post, despite the meaningful detail you have included - an attorney would likely want to see the file to offer you meaningful input.

Being that February 25th has come and gone, you may have already discussed trial at this point. Here are some general considerations that could apply regardless of jurisdiction:

If the claim examiner saw the claim to appeal and their claims department is paying an attorney to handle the appeal, they might not be enthusiastic about sidestepping their attorney, both because it could hurt their working relationship, and it could put them in a position of having their judgment second-guessed as to why they engaged the claimant directly when an attorney was assigned to a file being appealed.

The attorney might not appreciate being removed from the equation because it could be their bread and butter. If it's an inhouse relationship where they don't bill for handling individual cases, it might not bother them as much.

In terms of the scoliosis, it's anyone's guess as to how that would be handled. You speak of a quick settlement. Anything is possible. They might also want to conduct an IME to more closely examine the causality - aside from admissibility issues, depending on the forum here.

These are only some generalities. Nothing would take the place of sitting down with a local attorney who could become familiar with your file, who knows the venue, who might know the opposing counsel, etc.

Good luck

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