The Shoulder
The Shoulder
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Legal questionscalm-beaver-362

T-boned at high speed, both of us hurt bad — do we even need a lawyer if fault is obvious?

My partner and I are still kind of in shock a week out from this so bear with me if this is scattered.

We were sitting completely still at a red light when a pickup blew through the intersection at what witnesses said was probably 60+ mph and slammed into the driver's side of our car. Full side impact. Airbags everywhere. My partner was knocked unconscious at the scene and I had to wait for paramedics while trying to keep them calm — honestly one of the scariest moments of my life.

We both ended up in the ER. My partner has a broken collarbone and some kind of nerve issue in their arm that the doctors are still evaluating. I have three cracked ribs and a concussion — they're monitoring me for a post-concussion syndrome thing because I'm still getting headaches and weird visual stuff almost every day.

Here's the financial piece that's stressing me out: my partner does physical work for a living and can't do their job right now. We don't know for how long. The medical bills are already climbing and we're only a week in. We didn't carry collision on the car because it was older and paid off, which I'm now deeply regretting.

The other driver was cited at the scene. There's dashcam footage from a car behind us. Witnesses gave statements. I genuinely cannot imagine how anyone could argue this is anything but 100% the other driver's fault.

My question is — does it still make sense to get a lawyer when liability seems so cut and dry? Or is a clear case actually easier to handle yourself? I have no idea how to even think about the lost wages piece, let alone the ongoing medical stuff.

Any experience with this would really help right now.

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9 replies

  • 10
    gentle-owl-043

    We were rear-ended at a stoplight last year — also 100% the other driver's fault, also had dashcam footage — and I made the mistake of thinking 'this is simple, I can just deal with the insurance company directly.' Three months later they were offering us a fraction of what our medical bills alone came to, let alone my husband's missed work. Please get a lawyer. The clarity of fault doesn't mean the insurance company will just hand you what you're owed.

    • 16
      silent-fox-283

      The other driver's insurer is NOT your friend, even if their client was clearly wrong. They're going to be super friendly at first, ask you to give a recorded statement, and then use anything you say to lowball or delay your claim. Don't talk to them beyond confirming basic facts. Definitely don't accept any early offer — they float those fast hoping you're desperate and don't know what your case is actually worth.

    • 13
      candid-hare-558

      I used to work claims and I'll be honest with you: a clear-liability case doesn't mean an easy payout. What adjusters are actually evaluating is damages — and that's where things get complicated for you. Ongoing concussion symptoms, nerve issues, lost wages for physical work... those are all things that take time to fully value and insurers know that. They'll try to close your file before you even know the full extent of your injuries. The 'obvious fault' part just means they're not fighting you on liability — they'll fight you hard on the numbers instead.

    • 4
      curious-passenger880

      How long did it end up taking in your case?

  • 19
    warm-lynx-377

    Not legal advice, but situations involving potential long-term neurological symptoms and an injured worker who can't do their physical job are exactly the kinds of cases where having representation matters most. Lost future earning capacity and ongoing treatment costs require documentation and sometimes expert input to calculate properly — things that are easy to undervalue if you're negotiating on your own. Most PI attorneys work on contingency so there's no upfront cost to at least have a consultation.

  • 12
    daring-otter-140

    Please don't let the financial stress push you into settling before you actually know what you're dealing with medically. Post-concussion syndrome can drag on for months and sometimes longer, and nerve injuries in the arm are notoriously unpredictable. I've seen people feel 'okay enough' at six weeks and then really struggle at six months. Your medical picture isn't clear yet and you don't want to sign anything that closes the door on future treatment costs.

  • 14
    hearty-grouse-038

    I just want to say I'm really sorry you're going through this. The fact that you're already trying to figure out the logistics a week out while still dealing with your own concussion symptoms says a lot. Please lean on people around you right now and don't try to handle all of this alone — legally OR personally.

    • 17
      hearty-marten-212

      Get a lawyer. That's it. You have documented injuries, an injured earner who does physical labor, ongoing symptoms that aren't resolved, and no collision coverage on the car. There is nothing about your situation that screams 'handle this yourself.' Most personal injury attorneys do free consultations — go talk to one this week, not next month.

  • 6
    spry-crane-208

    Quick question — do you know what the at-fault driver's policy limits are? Because that actually matters a lot here. If their liability coverage is low and your damages end up high, you're potentially looking at an underinsured situation and your own UM/UIM coverage (if you have it) becomes really important. Have you looked at your own policy yet to see what you're carrying?