QuestionI need to know how to file a lawsuit against an insurance company and it's at-fault driver. The other driver was cited for careless and prohibited driving. His insurance company has denied my claim because they think he was not all at fault. Everyone else sees what I see, except the insurance company. I can only go after my medicals with my insurance because that's what I have. Please help me. I am in this alone right now and need to know how and where to file a lawsuit against the two!
Answer***************** FOLLOW - UP *****************************
Hi Natalie,
Finding an attorney wil be no problem. Just look in the
yellow pages of the phone book uder "Attorneys" and you will
find several pages of attorneys advertising that they will take
your case on a contingency basis.
Good Luck,
Bennie
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Hi Natalie,
A lawsuit would be against the at-fault driver and he would
be defended by his insurance company's attorneys.
This is not something that you can handle on your own.
You need to consult with a personal injury attorney. In most
states, the first consultation is free or there is a minimal
fee of about twenty dollars.
You will need to make an appointment and then take a copy of
the police report, your medical bills and all correspondence
from the at-fault insurance company.
After discussing your case, if the attorney decides that you
have sufficient grounds for a suit, he will accept your case
on a "contingency" basis. This means that he will NOT charge
you any money if he doesn't win your case, but a pre-agreed percentage of whatever he can collect. The standard amount is
1/3 if he can settle the case out of court, 40% if it has to
go to trial.
I hope that you find this information to be of help. Your feed
back by rating my response will be appreciated.
Bennie
San Francisco Bay Area
