Need HELP about Car accident!

[blondebunny]

Okay, so last jan 09 i got in a car accident and ended up needing surgery. Long story shot the lady only has $25,000 in bodily injury which sucks because that covers most of my medical bills. We met with a lawyer and they never had us sign a contract. Then about 2 months later they send me a contract in the mail. We were shocked because they NEVER went over anything regarding payment and now they want me to sign some contract about payment that seemed fishy as it was like pay the contigency fee and then their regular fees, which as i understand its one or the other...NOT both which came from the mouth of my law professor who is a lawyer. she told me to NOT sign it. Now atleast 6 months later the guy starts calling me and i dont answer and then calls my husbands cellphone, when really he doesnt even know that we got married. Almost harassing by calling us alot and texting us that "he isnt the bad guy". He said multiple times before he isnt used to people like my husband and I who are educated. Well when my husband finally answered the phone they talked for about an hour or so and at the end my husband was like well we understand the contract it made it seem like we had to pay both fees. He assured my husband that we wouldnt and he would send us a signed letter WITH another contract to sign that said we didnt have to pay both fees signed by him. He also told my husband that he thinks he could get the insurance agency to pay us double (so $50,000) since there are 2 cars on the policy. I am calling BS on this one. Im not a lawyer but that makes no sense as to why an insurance company would pay double since really they should only have to pay the $25000. Has anyone ever heard of this? Well we got the contract but NO letter in it, which makes me think they are trying to pull a fast one over us. I think the whole paying double thing is a lie to just try to get us to sign so they can take all of my money and leave me with none to pay my medical bills.

So has anyone ever heard of the paying double thing before??? Do you think the lawyer is just tryen to make a fast buck and pull one under us??? Thanks!

 

[RhubarbPie]

Okay, so last jan 09 i got in a car accident and ended up needing surgery. Long story shot the lady only has $25,000 in bodily injury which sucks because that covers most of my medical bills. We met with a lawyer and they never had us sign a contract. Then about 2 months later they send me a contract in the mail. We were shocked because they NEVER went over anything regarding payment and now they want me to sign some contract about payment that seemed fishy as it was like pay the contigency fee and then their regular fees, which as i understand its one or the other...NOT both which came from the mouth of my law professor who is a lawyer. she told me to NOT sign it. Now atleast 6 months later the guy starts calling me and i dont answer and then calls my husbands cellphone, when really he doesnt even know that we got married. Almost harassing by calling us alot and texting us that "he isnt the bad guy". He said multiple times before he isnt used to people like my husband and I who are educated. Well when my husband finally answered the phone they talked for about an hour or so and at the end my husband was like well we understand the contract it made it seem like we had to pay both fees. He assured my husband that we wouldnt and he would send us a signed letter WITH another contract to sign that said we didnt have to pay both fees signed by him. He also told my husband that he thinks he could get the insurance agency to pay us double (so $50,000) since there are 2 cars on the policy. I am calling BS on this one. Im not a lawyer but that makes no sense as to why an insurance company would pay double since really they should only have to pay the $25000. Has anyone ever heard of this? Well we got the contract but NO letter in it, which makes me think they are trying to pull a fast one over us. I think the whole paying double thing is a lie to just try to get us to sign so they can take all of my money and leave me with none to pay my medical bills.

So has anyone ever heard of the paying double thing before??? Do you think the lawyer is just tryen to make a fast buck and pull one under us??? Thanks!

I got a little lost with your story, but I would tell this lawyer that if they try to contact you again you will take legal action. What kind of lawyer is this and how did you find him? Anyhow, I would run and run fast.

 

[lilyfoot]

Edited:

blondebunny, if you can ask the admin's for my email address, I can definitely help you with this situation.

 

[iota15]

You know - just because the other driver only has $25,000 of coverage from her insurance, it doesn't mean she doesn't have money elsewhere (like from her bank account, house, etc.). Her insurance will only pay you the limit of her protection under contract, but this woman hurt you - and if you get a judgment against her, you may be able to get more. At least in my jurisdiction, I believe you can... it's just a lot more difficult.

 

[getting excited]

I am sorry you are in this situation! It adds so much stress to the intial accident. I can't be of too much help but I can assure you that the insurance company will NOT pay an additioanl $25,000 just because there are two cars. That is not how it works. If the limit is $25,000 for bodily injury, that is all they will pay. The lawyer sounds pretty shady. I hope you can get this taken care of.

 

[mary poppins]

Attorneys typically charge a flat fee, a contingency fee or an hourly rate, not a combination. Personally injury lawyers, in particular, typically charge a contingency fee which means they will keep a percentage of the amount they recover for the client. If the attorney doesn't recovery anything on your behalf, the attorney doesn't get paid except reimbursement for court costs. The attorney should have been up front about the fee and memorialized the agreement upon being retained and can be penalized for failing to do so.

An insurance company will not pay more than the policy limit which, from what you say, in this case is $25,000. The number of cars on the policy is irrelevant.

If a judgment were entered for more than $25,000, the insurance company would pay its $25,000 limits. You or an attorney would have to pursue the individual/faulty driver for the judgment amount in excess of $25,000.

The attorney you are dealing with sounds like a shyster, an idiot or both.

You should review your state bar association's website for information about attorneys fees. For example, this is the link to the Florida Bar Association's website section regarding fees. http://www.floridabar.org/tfb/TFBConsum ... enDocument Otherwise, you may want to call your state's association and make inquiry.

Sorry to hear of your troubles. Do you know what stage your case is in (i.e., how far along is your case, what has the attorney done so far) right now?

ETA - well, I don't know how to make a link on 2.0. Perhaps someone can explain?

 

[Loves Vintage]

I think it is quite typical for attorneys who work on a contingency fee basis to charge the contingency fee, if successful, plus costs. Costs are not to reimburse the attorney for his or her time spent on the case. Rather, costs are court filing fees, photocopy charges, etc.

Did you ever call the attorney back to tell him quite plainly that you do not intend to use his services? From your post, it sounds like you met with him once, and he continued to call you, but you did not respond. I think the polite thing to do would be to send him an e-mail or letter or phone him and explain that you will not be using his services.

I think perhaps you provided some incomplete infomration in your initial post. I have a hard time understanding why a lawyer would text you that he is not he "bad guy?" Maybe you questioned the fees? Not really sure . . .

Hope things get cleared up, and you are able to find representation that you are confident in.

 

[Steel]

I'm sorry about your injuries . Hope you are better now.

Over here we have a Section 68 letter which MUST be sent to clients to explain charges and give a (rough) estimate of costs. I wonder if that letter was a version of our Section 68? He sent it realising you had not contracted with him to provoke the issue. Anyhoo unless he has outlay on your case that is material and he can prove you engaged him to carry out the work, I would tell him a firm no thanks.

By the by, I can't imagine any insurance company pays double anything. Insurance companies are made to pay minimums it is in their blood; so to speak.

 

[MissGotRocks]

This lawyer sounds like an ambulance chaser. There are different parts to insurance coverage and the 25k could very well just be PIP which covers medical expenses. I doubt that their whole liability policy is only for 25k.

Do not sign anything that he sends but rather find yourself another attorney. Fee agreements - whether flat rate (very unusual in personal injury cases) or percentages are signed at the time the attorney takes the case - not later when he finds what he can recover. Also, you would have had to sign a release giving him the ability to access your medical records. His whole line sounds fishy and I wouldn't deal with him on any basis.

Find a personal injury attorney that you like and trust. They will gather information from you and take it from there. There will be police reports and medical records to access. Then they will be able to speak to the insurance company and convey an offer to you. This is usually done in a very professional and explained manner so that you completely understand all the facts. Anything less than that is a disservice to you and the profession.

Best of luck - you need a break right about now!