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> To retain an attorney or not?
Absolut Speed
post Sep 8 2004, 12:54 AM
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I know a message board is the last place to ask, but....

Most know my pit area was run over at a Solo II event and approx $1000 in damage was done. Offender refused to pay, as has insurance. Attorney I know did a favor for me and wrote a letter to the offender's insurance company asking them to do this the easy way and pay up now, or the hard way, and take the case to court. They again refused to pay. The attorney I used doesn't practice in Iowa and he referred me to someone who does for $155/hour.

I'm already out $1000, so..

Do I go alone and risk losing $1000, assuming it's a fairly simple case be it judged one way or the other?

Or do I improve my chances and hire an attorney, risk losing $1300 and at most get back $690?

When I pitted this question to the attorney that wrote the letter for me, he said it was always his advice to recommend legal counsel, especially when his insurance, who would represent him, would use an attorney.

(IMG:http://www.frrax.com/rrforum/style_emoticons/default/banghead.gif)
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Absolut Speed
post Sep 9 2004, 01:37 AM
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QUOTE (35th_Anniversary_AS_Camaro_SS @ Sep 8 2004, 08:12 PM)
I would suggest taking the guy to small claims and not suing his insurance company at all. The insurance company has more "outs" to not pay under their policy, whereas the guy who caused the damage does not.

I'm not suing his insurance, but when I sue the guy, his insurance will represent him.
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Jabberwocky
post Sep 9 2004, 02:41 AM
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I believe that if you sue for 1000 dollars, that isn't high enough an amount for most insurance companies to send a lawyer. It costs them too much.
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Absolut Speed
post Sep 9 2004, 04:22 AM
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QUOTE (Jabberwocky @ Sep 8 2004, 09:41 PM)
I believe that if you sue for 1000 dollars, that isn't high enough an amount for most insurance companies to send a lawyer. It costs them too much.

After thinking about it more, I began to wonder if this wouldn't be true. Perhaps his insurance is attempting to bluff me up until I file suit.

I also think I'm going to scrap the idea of a final offer to negotiate and just file the damn thing tomorrow. Perhaps a summons will do all the convincing I need.
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CMC#5
post Sep 9 2004, 05:58 AM
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Excellent! Go get the bastard. I HATE when people try to weasel out of taking reponsibility for their actions. Keep us posted.
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Doug Phillips
post Sep 9 2004, 06:07 PM
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The guy is an irresponsible idiot.

Racing has nothing to do with this claim. He could have just as easilier driven over a child sitting in a chair waiting for you. What a goof, and on top he does not cover it.

Go to small claims and hope for the best. It cost you nothing but your time.
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mongoosez
post Sep 10 2004, 06:49 PM
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I say- treat him like my ex-wife and kick his butt!

Weasel is a nicer term than I would use.

I hope he pays through the nose. That is the second location of his anatomy I was thinking about though.... (IMG:http://www.frrax.com/rrforum/style_emoticons/default/rant2.gif)
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