Sounds like they are not going to have your best interest in mind. If they are that swamped, they are probably going to either (1) assign you 50% of the liability because it'll be less paperwork for them, and/or (b) force the case into mediation because it's less time and paperwork for them. If it goes to mediation, then:
- There's a high chance the mediators will assign you 50% of the liability because you will not be given an opportunity to submit to them all the facts of the case.
- The insurance from the at-fault driver (not you) is going to NOT submit all of their discovery evidence in order to be sure the mediators assign you 50% of the liability.
- Most states, if not all, require accident cases to go to mediation, and there is ZERO appeal.
- Again, insurance companies do not basis fault solely on police reports. Yes, they will do an "internal investigation." But what really matters is how it's reported to the national insurance database. If you get dinged for any % of the liability, it will follow you the rest of your life.
Wanna ask me how I know this? I'd say more but again, my lawyer has asked me to refrain for the time being.
I think it's wise to contact your doctor and see about your family being seen. If funds are tight and you don't want to use medical insurance, then you can probably find an MRI imaging service to do an MRI per person, including write-up by a real doctor/neurologist, for $400-800 cash pay. MRI's are useless unless a qualified expert does the write-up. If there are concerns shown by the MRI, it might be difficult to prove they stem from the accident. However, if you can prove the person(s) with the imaging issue was very active, productive, no pain/headaches, etc before the accident, then it'll be easier to tie to the at-fault driver. The best approach to do this is have your doctor quarterback your care.
But if you guys don't follow through with the medical then it's a moot point.
Attorneys are going to take 33-37% depending where you live. If it means you forego a few thousand in order to be assessed 0% liability and to be sure there are no medical issues, and that you're only "out of pocket" are attorney fees from a settlement, then I think it's worth it. If this case is worth $50k-$150k due to medical injuries, then you be all means YOU NEED AN ATTORNEY.
Not just any attorney, but one with a SOLID REPUTATION for NOT GIVING UP until you are fully compensated, even if this means going trial. Look for an attorney who LOVES going to trial for their clients.
After letting go one attorney in our accident, we decided to move on the settlement by ourselves. Here in CO, the process to submit an insurance demand letter while at the same maneuvering the case towards litigation is very precise, complex, and time consuming. Any misstep we might have made would have cost us in the settlement. I'd say more but it'll get confusing.
I'm so sorry for what you and your family have gone through, and are going through now. I know the struggle, I know the frustration, I know what it's like to have an idiot put the lives of you family in harm's way and feeling like you have no recourse.
I'm more than glad to talk by phone. I'm not an attorney nor do I work in the insurance field. But I know this stuff fairly well and know the pain of the financial strain, time suck, and wondering if your family has suffered any unforeseen major back/neck issues. Message me for my phone number.
(Next week I'll do a post on my dash cams and thoughts about insurance, accidents, etc. Members have been asking so I'll do it next week. Due to our accident, I now have dash cams on all 4 sides of both vehicles. Drivers that try to intimidate us now with aggressive behavior have zero clue they are videoed by one of the best dash cams on the market. So all I need to do is act innocent and smile.)
