Auto Insurance Claims: auto accidents claims, attorney referral service, insurance adjustor

Question
Hello Bennie,

I was just reading your response to someone else's questions.  I am in a situation were my attorney is not really figthing for me, my daughter and son who was involve in a car accident last november.  The year before it was my husband, myself and our three children.  I made an mistake by settling without an attorney present and screw myself and daugther out of money.  Now the attorney I do have this time around is telling me that Victoria Insuranc don't want to pay for the pain and suffering that is due to my children and I.  I feel like he just gave up and not really corresponding with me at all during the whole entire case.

I currently attend Kent Stark for criminal justice and I know that something do not sound right with my attorney and the insurance adjustor.  I have been patience and trying not to seems anxious but they are not coroperating with me.  What should I do in this situation with my attorney.

Thank you,

Dauretta(Ohio)

Answer
Hi Dauretta,
Of course Victoria Insurance does not want to pay!  They had much rather keep the money in their bank account.  If all insurance companies were willing to pay you a fair settlement without all the battling and attorneys, then the cost of insurance would be a lot less (providing the injured party understood that they were not entitled to an amount equal to the state lottery just because they
got a strained neck).

Any attorney who is willing to tuck his tail between his legs and run away the first time that the insurance company says NO needs to be in a different business.

In my opinion, you need to gather up all letters, documents, medical bills, police report etc., and make an appointment with a new attorney who has trial experience.  If you don't know an attorney that fits this description then call your county attorney referral service (it's free), explain your need and they will give you the names and telephone numbers of 4-8 qualified attorneys.

Call and consult with as many of them as you see fit.

You do have the legal right to fire your existing attorney and replace him.  You have already signed a contract that pays him a pre-agreed upon percentage of your settlement.  He will still be entitle to be paid for work that he can document if you retain a new attorney and then later win the case.

The two attorneys will agree on how to divide the percentage amount that is already stated in the contract, or it will be decided by a judge.

Your existing attorney should have already informed you that if the current injuries are whole or partially an aggravation of previous injuries in 2007 then that does reduce the current value of your claim, but it does not eliminate your right to recovery for pain and suffering.

So, make an appointment and start talking to new attorneys.

I hope that you find this information helpful.  Your feedback by rating my response will be appreciated.

Please write again if you feel that I can be of more help.

Sincerely,
Bennie
San Francisco Bay Area