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 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.
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?
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.
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 advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.
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 provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
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 aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
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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