Auto Insurance Claims: Insurance BLUES...., suit needed

Question
I was involved in an accident on 2/10.  A driver ran a light and hit me with a truck. The driver was uninsured, had an expired lisc. and was driving another person's truck. The truck was insured through. I was removed from the wreckage and the vehicle damage rating was: 11-FL7 (I am not sure what that means). I was transported to the hospital by ambulance and released the same day.  I had some severe bruising but nothing was broken. I was out of work for 2 weeks. I went to therapy and continued to have problems with my knee and leg.  After visiting an orthopedic specialist it was decided that I needed to have arthroscopy surgery where they discovered multiple tears in my leg. I was out of work for another 2 weeks however the doctor requested a month. As a single parent I could not be out of work that long and returned.  I hired a lawyer but they have dropped the ball repeatedly. (Couldn't find the car after the wreck;  informed me not to call until I had finished therapy/treatment even if it took 6 months to a year; etc). I've tried to find another one but no one would pick up the case. I have been so frustrated with the process and my representation I want to simply finish and be done with the entire thing. I have been unable to go to follow up therapy after having sutures removed.  The legal advice I have been given is continue going to therapy so I can get alot of money. After telling my lawyer that I am not attempting to get "alot of money" the very next day I received an email that the firm sent a "demand letter" to the insurance company, Allstate. I was informed through someone that this company is the "worst" company to deal with. I have never been contacted by the insurance company. I was told that b/c the driver was not insured and had an expired lisc. that the insurance company does not have to pay.  To my knowledge the person was not an excluded driver. Also, the fact that I returned to work would be detrimental to the case. Is there any hope that I would at least recover any money to purchase another used car? I still have severe pain in my knee and have slight limp. Any advice?

Answer
Wow.  Indeed you have some issues with the lack of followup on your injury and such, but I think what is best in your case (not legal advice) is to pursue the at fault party directly.  If they are not an excluded driver, then Allstate will have to defend them or face a potential "breach of contract" / "bad faith" claim.  

Allstate is notoriously hard to deal with as a third party claimant.  One must be familiar with their rights and demand fair treatment by way of action, not words.  If I were in your shoes, I would send a written demand letter to the other party and copy it to Allstate.  It would include a time limit for a response.  In the meantime I would prepare suit paperwork.  If I knew what State the accident occurred in, I could give better advice.  

Simply put, you have hope, but you need a bulldog.  Either file suit on your own or find an attorney.  Information is always free at Petty Details, LLC.

JP