The Shoulder
The Shoulder
69
warm-tern-410

5-car pileup wasn't my fault — should I even bother with a PI claim or will I end up owing money?

Still kind of in shock from last week. I was on the interstate doing nothing wrong when a delivery truck lost control and set off a chain reaction that took out four other vehicles including mine. My car is totaled — and of course I still owe more on the loan than the insurance payout, so I'm basically getting nothing there. Awesome.

I walked away with a pretty nasty neck and upper back situation (ER said soft tissue, possibly more — follow-up MRI scheduled). My coworker who was riding with me has a pretty significant knee injury and is on crutches. We're both dealing with this while also trying to figure out what the heck we're supposed to do next.

A few days after the crash, someone I don't even know contacted me saying they got my number from "someone at the scene" and referred me to a personal injury attorney. Already a little weird. Then I find out this same firm also represents one of the other drivers involved. Is that even allowed? Feels like a conflict of interest to me but I genuinely don't know.

The firm is pushing hard for me to treat at their "preferred" medical providers. That part really set off alarms for me. They're also talking about a cut that, after legal fees and "medical liens," leaves me wondering if I'd actually see any meaningful money — or worse, end up somehow on the hook for bills I thought were covered.

Has anyone gone through something like this and actually come out okay? Or did the legal route make things more complicated and stressful than just letting insurance handle it? I don't want to sign anything I'll regret.

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12 replies

  • 22
    swift-marmot-818

    Please don't delay that MRI. I know everything feels chaotic right now but 'soft tissue' is a broad term and the real picture of what's happening with your neck and back sometimes doesn't show up clearly until swelling goes down. Whatever you decide legally, your medical documentation from right now matters enormously down the road. Keep every appointment, keep records of every symptom, and don't let the legal stress push your own health to the back burner.

  • 17
    sharp-badger-426

    Three things: don't talk to the other driver's insurance without understanding what you're agreeing to, don't sign with a firm that has even a whiff of a conflict of interest in your specific crash, and get that MRI done ASAP because your medical records are your paper trail. Everything else can be figured out but those three things can seriously hurt you if you get them wrong early.

    • 4
      level-overpass356

      This thread is gold. Thanks everyone.

    • 6
      quiet-traveler309

      Going through something similar right now. Did following up actually move the needle for you?

  • 16
    quiet-hare-893

    I went through a multi-car situation two years ago and the 'preferred provider' thing was a huge red flag for me too. I noped out of that firm and found someone else who let me keep treating with my own doctors. Ended up way less stressful. The conflict of interest thing with them representing another driver in the same crash — I'd be asking that question directly and loudly before signing a single thing.

    • 8
      plain-grouse-455

      Not legal advice, but a couple of things worth knowing: medical liens from 'partner facilities' can sometimes eat a disproportionate share of a settlement, and you generally have the right to treat with providers of your choosing. The contingency fee structure is normal, but what varies a lot is how expenses and liens are handled before or after that percentage is taken. Those details matter. It's worth at least one free consult with a different attorney just to compare how they explain the fee structure before you commit to anyone.

  • 13
    bold-dove-631

    Please do not let the at-fault driver's insurance company pressure you into a quick settlement either. They are going to call you soon if they haven't already, sound super sympathetic, and lowball you before you even know the full extent of your injuries. Soft tissue stuff and MRI findings can take weeks to fully understand. Don't sign anything releasing them from liability until you actually know what you're dealing with medically.

    • 0
      calm-rider746

      Solid advice. Getting it in writing is the part most people skip.

  • 13
    wise-owl-983

    Speaking from time I spent on the other side of the table: the gap between your loan payoff and your vehicle payout is called being 'upside down' and unfortunately insurance isn't going to fix that unless you had gap coverage. On the injury side though — if the other driver is clearly at fault and there's a commercial vehicle involved, their liability limits are often much higher than a regular policy. That's actually potentially good news for you. A commercial carrier has more to work with. Doesn't mean you should rush, just means the ceiling might be higher than you think.

  • 12
    daring-swan-921

    The conflict of interest concern is real and worth digging into. Ethically, an attorney generally can't represent clients with adverse interests in the same matter without full disclosure and consent from everyone involved. Whether that applies to your exact situation depends on how their interests actually align or conflict, but the fact that this firm rep'd someone else in the same crash and then cold-called you is... a lot. You're absolutely allowed to shop around for representation. Most PI attorneys do free consultations and work on contingency, so talking to two or three costs you nothing.

  • 12
    candid-finch-095

    Quick question — when you say the same firm 'represents another driver in the same crash,' do you mean one of the other innocent drivers or the delivery truck that caused it? Because that changes things quite a bit. If it's the truck driver or their employer, that's a massive conflict. If it's another victim like you, it might just be they work a lot of these highway pileups. Not saying it's fine either way, just that the details matter before you decide how alarmed to be.

  • 11
    plain-newt-777

    Honestly just reading this stressed me out and it's not even happening to me. You've been through something really scary and now you're being bombarded with all this confusing legal stuff before you've even had time to breathe. Please give yourself some grace. And maybe ask a trusted family member or friend to help you sort through the paperwork so you're not doing this alone.