I was hit by an attorney in a MVA. The attorney convinced me to not take an ambulance and I was badly injured.

Asked 12 months ago - Houston, TX

He offered to replace my car so I listened. He did not replace my car and he only had 25 grand in coverage. I had to have three cervical fusions from the accident. I had to settle the case with the insurance company because I felt badly about going after him personally and was desperate for the money. He also agreed to give me 25 grand and that never materialized as well. Is there anything I can do at this point?

Attorney answers (9)

  1. Vuk Vujasinovic

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . If you already settled all your claims against the attorney are likely barred, depending on what the settlement documentation says. Did you never hire an attorney?

  2. Sean Michael Cichowski

    Contributor Level 10

    7

    Lawyers agree

    Answered . Chances are that when you settled with the I durance company, you released your rights to pursue further money against the person who hit you.

    If you had a lawyer represent you when you settled with the insurance company, they should be able to explain it to you.

  3. Brian Heath Crockett

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . Did you have full coverage car insurance? or did you live with anyone that had full coverage car insurance. If so there might be a potential claim against your own insurance company. You are going to need a lawyer to help you with this. Don't make the same mistake again. Any questions please do not hesitate to ask or leave a comment.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  4. Alan James Brinkmeier

    Contributor Level 20

    7

    Lawyers agree

    Answered . The release you signed likely ends the matter forever

    Read it over. What does it say?

  5. Albert Lee Crosner

    Contributor Level 18

    7

    Lawyers agree

    Answered . I am a California attorney, but I am sure that a Texas insurance carrier when it issues its Release form (which I imagine you signed) puts words in there Release that you are releasing the party that hit you (the Attorney) from further liability. In addition, it does not sound like you entered into any type of written agreement or contract for any other payment to be made by the attorney. Did you have a verbal agreement? If so, were there any unbiased witness that heard the words of agreement? I am sorry to hear you went through this terrible experience.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  6. Philip Anthony Fabiano

    Contributor Level 20

    7

    Lawyers agree

    Answered . You need to consult with an attorney as soon as possible. THe release you signed likely ended any claim for the promise of 25k directly from the defendant.
    Since the defendant had only 25K in coverage and you received all of it, you may have an underinsured motorist claim with your own auto carrier. THis time don't go it alone and retain counsel.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  7. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . You need to consult an attorney. You may have underinsured coverage, and you may have waived it by not getting consent to settle.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . A release was likely signed, and it is likely over

  9. Daragh John Carter

    Contributor Level 14

    2

    Lawyers agree

    Answered . Having had spine surgery myself, I can empathize with you. Sorry to hear about all this.

    I doubt the insurance company paid you $25,000 without you signing a release, in which case you have probably released the attorney from all liability for the accident. It would be a really good idea to have a personal injury attorney take a look at the release you signed and the police report too. Did you have any PIP or Underinsured Motorist coverage on your policy? Depending on the facts and circumstances, if you did NOT have PIP or UIM, but lived with a blood relative who did have that coverage, you may be able to trigger your relative's coverage. Again - consult with a personal injury attorney so this gets looked at properly.

    Another possibility is that the attorney may have been in the course and scope of his employment at the time of the accident, which may implicate his employer's liability insurance (if he had an employer, and if the employer had insurance).

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