My attorney dropped my case

Asked over 2 years ago - Houston, TX

My husband and I were hit in the rear, by another vehicle. He gave his statement that he was hit by another vehicle and that vehicle caused him to hit us. He stopped and we stopped, I called the police, but the gentleman that "HIT HIM" did not stop. Because there was NO ONE THAT HIT HIM. The gentleman that hit us left before the police arrived. We did get all of his information. Any way his insurance company said that they were NOT RESPONSIBLE, the on that hit him was responsible. There was no witness to this,except me, my husband and the gentleman that hit us. We have been going to the doctor since Oct.25 the wreck happened on Oct 21. What do I do now. It seems to me that the person that hit us should be responsible

Attorney answers (5)

  1. Donald Curtis Kudler

    Contributor Level 15

    3

    Lawyers agree

    Answered . I am licensed in Nevada, but this answer should apply in Texas as well.

    It sounds like you need to seek the help of an experienced personal injury lawyer who is not afraid to take on difficult cases since the other driver and his insurer are contesting liability and will likely contest your damages. This goes to the personal injury damages as well as the damage to your car.

    The case will come down to a matter of proof as to how the accident occurred. I would demand that the other driver retain the car in an un-repaired condition so that you, your attorney or an expert can take pictures of the car to help determine how the accident happened. Some questions that would be helpful in determining how the accident happened include:

    "How many impacts did you feel?"

    "Did you hear an impact before feeling an impact?"

    "Did you see a damaged (or undamaged) car leave pull around the other car and drive away? And, if so, what damage did you see?"

    These facts will be useful in an attorney's evaluation of the case. These will also help the finder of fact (an insurance company, Judge or Jury) determine liability in the case.

    If you have full coverage (including comprehensive and collision coverage) your insurer may help you seek compensation from the other driver should they be required to pay for your damages.

    Hope this helps.

    /s Donald Kudler
    http://www.capandkudler.com

    This answer does not create an attorney client relationship and does not constitute legal advice, but is solely... more
  2. Cheryl Ann Wulf

    Contributor Level 10

    Answered . You should consider consulting with another attorney in your area to ensure the facts of the accident have been fully investigated. For example, was there any evidence that the driver behind you was struck by another vehicle (damage to the rear of his vehicle) or was this just the story he told his insurance company after the fact. You should also check with your insurance company to determine if you have uninsured motorist coverage or personal injury protection that may cover your damages.

    Cheryl A. Wulf
    Cheryl Wulf and Associates
    11211 Katy Freeway, Suite 310
    Houston, Texas 77079
    (832) 426-4326
    www.wulf-law.com

    www.wulf-law.com
  3. Raymond Scott Costantino

    Pro

    Contributor Level 16

    Answered . You need to retain another attorney who will move your case forward. You can find an experienced attorney in your area on avvo.com. Good luck to you.

  4. Boris Zinovjevic Gorbis

    Contributor Level 13

    Answered . I take it that your policy did not have coverage for this situation. Check with your insurance agent what it would cost to protect yourself and your passengers in accidents with uninsured motorists.

    This communication is not legal advice: no documents or facts were examined. This does not establish an attorney-... more
  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . These situations are usually covered under your uninsured motorist coverage. Did you purchase that coverage?

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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