insurance company is saying I owe 50% of damages to the vehicle I was driving and my attorney hasnt contacted me to answer any questions regarding this accident. There has been no diposition on my behalf and i dont have a clue to whats going on period! Please advise
Either the attorney you hired is not keeping you properly informed about the status of the case or some facts are missing that justify the insurance company claiming that you owe half of the damages. If your legal representation is just not working out, and you can't get answers, it's time to start looking for a different practitioner. My office has experience dealing with people who want to get settlements fairly and quickly, and need to work with a new attorney.
You seem completely uninformed. If you have an attorney, your lawyer has an obligation to keep you informed. Therefore, consider hiring anotheer attorney to address your issue. You have not posted enough information about your rear end collision. It may be that you are being asked to pay for half of the damages because the other party is accusing you of having changed lanes immediately before you were rear ended. I need more information to be able to better advise you. Best of luck!
You definitely need an attorney. A good attorney.
The Code of Ethic & Professional Responsibility requires attorneys to communicate and inform their clients about the matter directly concerning their case and status of case during and through all of the stages and phrases of the case, etc. ***If you are unhappy with your attorney, you are not obligated to stay with him/her. You can fire your attorney and hire a new attorney.
You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around ! There is no upfront cost to hire an attorney. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body and your property; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases.
You can hire a new attorney.
If you haven't done so already, contact your own auto liability insurance company. Let them (your insurer) be your point of contact. If the other insurance company attempts to contact you, refer them to your insurer. They are generally professionals whose job is to provide you a service, specifically representation and coverage in a situation such as yours.
If you already contacted your insurer, and they referred you to the attorney you spoke of, call your insurance adjuster or claims representative. They should provide you with a status update and answer some of your questions.
Many people do not realize that they can fire their attorney if they are unhappy with the service they are receiving. An attorney is required under the rules of the California Bar to be competent and that includes good communication with a client about their case. That said, there is not enough information on here to give you an informed answer, however, I offer a free consultation or a second opinion on car accident or personal injury cases in California and Nevada. Hope this was helpful.
There must be some factual basis for the apportioned liability - such as you hit the car in front of you or you made an unsafe lane change. Hard to say but your attorney should be able to advise you or at least the secretary can read you the letter from the insurance carrier as to their findings.
My colleagues have all stated that you may have sufficient facts behind you that would substantiate a settlement or judgment in your favor. If your attorney is not providing you with any information or justification as to why your case is progressing the way it is, you need to move on and find a good experienced personal injury attorney to help you with your case and to communicate exactly what is going on to you. Like many of the other Los Angeles personal injury attorneys, I provide a free consultation. You might want to talk to several of us in the Los Angeles area and then decide on what you want to do. Were you injured? That is only one of many questions that I have. Good luck.
The claim that you owe 50 percent is a figment of the adjuster's imagination is one of the 100 tricks that adjusters use to defeat your claim. Their 50 percent claim is a ruse; many times, it is accompanied by a check, The adjuster is counting on the fact that the client is going to be hungry for the money and that the client will cash the check. Let your attorney handle the situation. However, if the issue is lack of communications between you and your attorney that is another matter. Remember, that an attorney is a busy person and cannot respond to your phone call or letter immediately. The internet has created unreasonable expectations and clients now feel free to even text message their attorneys and expect an immediate response. The law is not to be practiced at warp speed. Write your attorney a letter , give him some time to answer, say 10 days. If he sees the issue as material, he will let you know. If he does not respond to your calls and or letters, then provided he is not ill, shop for another lawyer. Best of luck.
You indicate that you have an attorney, but have had no contact with him/her, yet the insurance company has contacted you? I’m concerned that your attorney may not be on top of your situation – you need to contact your attorney ASAP and find out what’s going on. If you do not get a satisfactory answer as to what is going on, and why the insurance company is contacting you, rather than your attorney, then I believe you should look into retaining a new attorney.
Damages in personal injury cases generally compensate victims for their losses, but some damages are also meant to punish the injurer.
If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.
Written by attorney Kevin P. Landry
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