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:( I was in a auto accident 6 months ago. I was hit by a drunk driver on a motorcycle. He ran a stop sign, and was driving on a suspended licence. I was injured (fractured ankle and whiplash). My Land Rover was repaired, (although it cost over $23,000) is there a way to figure out how much I should expect from the insurance co? And since the fault was clear should I anticipate this possibly going to trial? My attorney is too busy to answer my calls or e-mail's. Thanks
Find a new attorney. Attoreny like personal iinjury cases, because they make a lot of money. So get a new attorney who will call you.
Let me get this straight. This guy was on a motorcycle and he did $23K worth of damage to a LAND ROVER? And lived?
Anyway, I agree, get a new atty. Lawyers work for you, if they aren't doing their job, replace them.
As to how much you will get. You should have all the repairs and medical bills paid for. You should also be reimbursed for lost wages and any other expenses involved with medical treatment (mileage to and from the doctor, hospital, rehab center etc.). So you need copies of ALL your bills and documentation of all your expenses.
Note, you file claims for services with your insurance companies (repairs to your auto insurance, health issues to your medical insurance). Your insurance companies will then contact the driver's insurer for reimbursement of their expenditures.
Anything more than that requires legal action. If you want to sue for pain and suffering and the like, you will have to sue the driver and/or his insurance company.
Hello morris:
Given what you've said so far, I'm not sure that you'll get anything. I think you think, that because fault is clear (in your mind, at least), it automatically is going to result in an award. It's true, that's the way it SHOULD work. In the real world, it doesn't.
Your first clue should have been when your lawyer treated you like so much hash. That's not the way a lawyer SHOULD treat his client.
Secondly, which relates very strongly to the first, the questions you are asking here, should absolutely have been answered by your attorney at the very first meeting you had with him.
If it didn't happen then, frankly, that's your bad. Ok, he didn't tell you. Why didn't you ask? I know, I know, you tried to (after the fact), and he isn't returning your calls. Your lawyer works for you – not the other way around. If you don't hire the next one, and manage him like an employee (because that's what he is), he'll do the same thing to you.
More real world stuff. Good lawyers are very busy. They don't have the time to return mundane phone calls. And, you couldn't afford him @ $350/hr if he did. If you understand the parameters of your case from the get go, there won't BE mundane phone calls. There will only be important emails, and those he should return. That's why he works till midnight...
Now, to your questions. Sorry. I have more questions for you first. Did you make a claim on YOUR insurance? Did your insurance company cover your medical bills? What is YOUR insurance company telling you? Did you hire the lawyer BECAUSE you weren't getting results? Have you spoken with the motorcycle guy's insurance company? How much coverage does HE have? Is the guy a down and out biker, or was he riding a $65,000 Harley? How hurt were you? Were you out of work? Are you down and out, or are you a wealthy dude?
The answers to these, and many other questions need to be proffered, before I could give you an estimate as to whether you'll get anything at all.
excon
I just want to clarify what excon is saying here. There is no question you should be reimbursed for the repairs on your car and your medical costs. That's what YOU have insurance for. The way the process works is, as I said earlier, you process claims through YOUR insurance companies. YOUR insurance company will then contact the biker's insurance for reimbursement.
You can, if you prefer, deal directly with the biker's insurance. But if they balk, you go back to your insurance. I was involved with 2 accidents with my previous car (a Pathfinder). In one case I was hit by a truck as I was maneuvering into a parking space. The truck didn't give me time to enter the space and hit me as I was backing up to straighten out. I filed a claim with my insurance, but I told them, that the truck driver was at least partially at fault because I was never fully in the parking spot so he should have anticipated I might need to back up. The police report bore this out so the trucker's insurance paid part of the damage, reimbursing my insurance.
In the second case, I was hit by a driver coming too fast around a bend on a snowy road. I had pulled over to the curb and stopped, when he lost control and hit me. In that case, I dealt directly with his insurer since he was 100% at fault. His insurer paid for the repair and a rental.
The point here is that all you get is reimbursement.
Insurance is supposed to make you whole after a loss, its not supposed to make you a profit. To get anything above reimbursement means YOU have to sue the biker.
What state are you in? There are special rules for motorcycles in some states. Also, If you are driving a Land Rover, I would assume you have Supplemental underinsured motorist coverage. Let me know where you are at and I can probably give you some answers.Quote:
Originally Posted by morriskncc
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