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!
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You need to provide more information.
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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.
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.
Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
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.
*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)
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.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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.
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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.
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.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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.