Any Dallas traffic injury attorneys on here?

KC-97HORN

500+ Posts
Basic rundown:

Monday morning after OU weekend I am on 635 heading west getting ready to head home to KC.

Stop and go traffic.

Traffic ahead, and I basically come to a rolling stop with the rest of the traffic- about 10-15 feet from a SUV in front of me,

Hear the squeal of brakes, have just enough time to glance into the rearview mirror before, *POW* full blast hit, car thrown forward with enough force to crumple the hood inward by at least 1 foot.

Rental car is totaled.

my insurance has agreed that I was not at fault in the accident (and the person in front has told my ins that they only felt one impact- this is on tape).

However, jackass insurance co for the guy who hit me is refusing to pay any personal damages to me (and in fact is fighting with my insurance in arbitration).

I am not trying for a million bucks here, but I had a full airbag deployment (and I really think that deployed BEFORE I was thrown into the car in front, but I may be wrong), and a full body bruise that went from left shoulder down around my entire stomach. I was unemployed at the time, and could barely freaking move for a week and I hurt for at least 14 days- I could apply for jobs but I sure as hell couldn’t have gone out to an interview. The bruising didn’t leave until the week before the Tech game in mid-Nov.

My glasses were broken by the airbag, plus some other doctor related medical care. (I did not get taken to the hospital).

The other ins co originally offered me $500 to GTFO, even though I presented them with bills of $650 actual not even considering time lost looking for a job or honest suffering. They are now telling us they wont even consider a settlement because they feel I am MOSTLY at fault in this accident since I wasn’t at a complete stop on the highway. WTF?


I had asked for $2100 in settlement- 3x the damages I suffered. I don’t think I am trying to stick it to the insurance company, but I sure as hell didn’t cause this 3 car accident. And losing a week’s job interview time didn’t help. They have basically told me to go take a flying leap.

Questions are simple- if my insurance wins the arbitration (which most likely will happen since the other insurance company has changed their story 3 times and PAID for the repair to the SUV in the front), can I expect to get an about face and a reasonable settlement?

Or, do I need one of you lawyer types to step in, go through the whole lawsuit process- initially ask for $10k (so I can settle for $4k and pay you half )?

No one get on their soapbox screaming about me trying to take advantage of an insurance co, I am NOT asking for $10k, I don’t think my injuries were that bad, but 10 days off and having to buy new glasses and doctors visits for something I didn’t cause is why I was asking for what I considered to be a reasonable amount of treble damages- which I think is pretty normal in most accident cases?

Any advise other than, "you are an ambulance chaser" would be appreciated.
 
Shoot, I'm an adjuster and I would suggest talking with an attorney. With the at-fault carrier denying their driver's negligence, it is unlikley they will offer up a settlement offer even if they lose in Arb. If they lose, they will pay for the reimbursement to your company the monies they are out, but that is about it.
Is this a smaller insurance company?
It sounds like one. Lots of smaller companies will deny just about everything and take their chances for a reduced or comparative ruling in Arb.

It is pretty clear they owe 100%, but if they can get a portion of it knocked down in Arb, it is a win for them. Sucks, but these smaller companies will do just about anything to stay afloat.
With the Strong Arm being hurt, you might call The Hammer.
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