In September 2016 I was side swiped by a Schneider semi truck. It was a HUGE ordeal. Trucker did not have his license or proper insurance paperwork. Police were called but never showed up because the dispatcher merged my call with a similar call about an accident 1 mile from my accident. Made HORRIBLE mistake of getting an attorney from Daspit Law Firm who settled for $27k and I only received less than $5k for pain and suffering and over 5 months of being out of work. I was only contacted maybe 3 times during the whole year they were "litigating" even while I was in physical therapy, getting lumbar injections and seeing an orthopedic surgeon who told me I needed surgery to remove the herniated disk between L4 & L5. Ive been in horrible pain ever since and have been to the ER over 15 times in the past year. Never had to deal with something like this, I wanted to know if my case can be reopened since I NEVER received any information about fiixing the car that I was driving. My so called lawyer said it was up to me to contact the trucking companies insurance company about fixing my car which I did multiple times but NEVER received any response. What can be done if anything?
The property damage claim is separate from the injury claim and depending how the injury release is worded,can still be settled. However you likely wont find an attorney to help with just the property damage. You could submit it to your insurance to pay for the damages if you have collision coverage and they will go after the truck's insurance.
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It would depend on whether or not you signed a release for the property damage. If not you could sue the trucking company in Justice Court as long as the damage is less than $10,000.00, and you would not need to hire an attorney.
Most attorneys will not handle property damage claims since paying the attorney will most likely not leave you enough money to repair your vehicle.
Most settlement releases for injury claims are written very broadly, such that the person signing the release agrees to settle any and all claims for the specified amount. If your case was litigated and the settlement release was drafted by an attorney representing Schneider and the truck driver, the release probably included property damage claims. You should read the release language to check. If your $27,000 settlement included a release of property damage claims, you're probably out of luck and won't be able to seek any more money for your injury claim.
As an aside, accidents in which one vehicle sideswipes another vehicle are difficult cases unless there is either dash camera footage or an independent witness. Without either of those, it is usually a swearing match about who changed lanes and hit who, with no way to prove whose version is true.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
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