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nancy_girl · Jul 8, 2007, 02:24 AM

I got into a car accident with a FedEx truck about 2 years ago, and it was reported as a no-fault accident, because there were no witnesses and the officer could not tell by the cars who was in who's lane.

I was in a rental car with four passengers and had just exited. The exit has two lanes, the left one easing into it's own lane, and the right one having to merge with a feeder lane. I was in the left lane and the FedEx truck was on the right. As we exited, I'm guessing he didn't want to merge so he just cut me off into my lane. I was able to avoid him, and had changed to right lane when it was free. As I tried to get ahead of him to turn left at the light, he just sped up. As we approached the light, there were two left turn lanes. The left a "Left Turn Only" and the right being a "Left Turn and Go Straight". I was in the right at the time, since I was unsuccessful in getting in front of the FedEx truck. We were the first cars at the light.

When the light turned green, we were both turning left, then next thing I know I hear a horn and the FedEx smashes into the rear left side of my car. The FedEx Freightliner only had a bent corner in the front bumper, while the rear side of my car was smashed in.

When I got out, the FedEx driver and I were arguing about the lane I was in. He kept telling me it only went straight and I told him I could turn left also. The paint on the lane was faded and there was a sign way back on the feeder noting the lanes. I had frequented this specific exit and light area many times because it was the way I took to go to school. He eventually told me that the lane I was in could go straight, but the left arrow meant I could turn left ahead, not at the light.

Of course, when the officer arrived, he didn't mention it again. It was ruled a no-fault accident, and I filed my claim with my insurance.

My ex-boyfriend was the passenger in the front seat, and he was upset about how it was handled, so he hired a lawyer. All of us had some aches and pains, especially my friend who was at the area the FedEx truck hit. We did our own personal medical treatment with our physician and the lawyer got us all checks after representing us.

I thought that was the end of it.

Well today I received a call from my insurance agent telling me I was going to be sued by the lawyer that represented me. The law firm is called Robin E. Mitchell. Apparently one of their attourneys Karl Russel represented the passengers while Robin Mitchell represented me. From what my insurance agent told me, he apparently wasn't paid enough for his representation of me.

I don't know what to do. This is the first time I'm being sued, and it's a guy that I don't even know! The only time that I've had any interaction with this law firm, was when I arrived to pick up the check. That was it! Then two years later they want to sue me?

I'm suppose to receive the papers in 2 to 3 weeks. My insurance agent said they would most likely take care of it, but just the fact that this is happening to me is really putting me down.

So my questions.. What should I expect? What can I do? What is the good and bad news?

RichardBondMan · Jul 8, 2007, 05:08 AM

Originally Posted by nancy_girl

I got into a car accident with a FedEx truck about 2 years ago, and it was reported as a no-fault accident, because there were no witnesses and the officer could not tell by the cars who was in who's lane.

I was in a rental car with four passengers and had just exited. The exit has two lanes, the left one easing into it's own lane, and the right one having to merge with a feeder lane. I was in the left lane and the FedEx truck was on the right. As we exited, I'm guessing he didn't want to merge so he just cut me off into my lane. I was able to avoid him, and had changed to right lane when it was free. As I tried to get ahead of him to turn left at the light, he just sped up. As we approached the light, there were two left turn lanes. The left a "Left Turn Only" and the right being a "Left Turn and Go Straight". I was in the right at the time, since I was unsuccessful in getting in front of the FedEx truck. We were the first cars at the light.

When the light turned green, we were both turning left, then next thing I know I hear a horn and the FedEx smashes into the rear left side of my car. The FedEx Freightliner only had a bent corner in the front bumper, while the rear side of my car was smashed in.

When I got out, the FedEx driver and I were arguing about the lane I was in. He kept telling me it only went straight and I told him I could turn left also. The paint on the lane was faded and there was a sign way back on the feeder noting the lanes. I had frequented this specific exit and light area many times because it was the way I took to go to school. He eventually told me that the lane I was in could go straight, but the left arrow meant I could turn left ahead, not at the light.

Of course, when the officer arrived, he didn't mention it again. It was ruled a no-fault accident, and I filed my claim with my insurance.

My ex-boyfriend was the passenger in the front seat, and he was upset about how it was handled, so he hired a lawyer. All of us had some aches and pains, especially my friend who was at the area the FedEx truck hit. We did our own personal medical treatment with our physician and the lawyer got us all checks after representing us.

I thought that was the end of it.

Well today I received a call from my insurance agent telling me I was going to be sued by the lawyer that represented me. The law firm is called Robin E. Mitchell. Apparently one of their attourneys Karl Russel represented the passengers while Robin Mitchell represented me. From what my insurance agent told me, he apparently wasn't paid enough for his representation of me.

I don't know what to do. This is the first time I'm being sued, and it's a guy that I don't even know! The only time that I've had any interaction with this law firm, was when I arrived to pick up the check. That was it! Then two years later they want to sue me??

I'm suppose to receive the papers in 2 to 3 weeks. My insurance agent said they would most likely take care of it, but just the fact that this is happening to me is really putting me down.

So my questions.. What should I expect? What can I do? What is the good and bad news?

Your liability insurance pays for legal defense costs therefore let them handle it.

s_cianci · Jul 8, 2007, 09:12 AM

In a matter such as this, normally the attorney is paid a contingency, which is a certain percentage of the settlement amount. This should have been deducted from the amount of the check that was paid to you. The attorney's claim that he "wasn't paid enough" sounds ludicrous. He should have taken his cut before giving you the check. That said, the matter should be considered closed. If the insurance company is going to handle it, then it's really no skin off your back but it still sounds kind of fishy. If your insurance rate is going to go up because of it, then I'd look into it.

nancy_girl · Jul 8, 2007, 02:41 PM

Now that I think about it, I remember the lawyer telling me that their pay was deducted. If anything, out of all the people in the car accident, I was settled with the least amount. My summer went from waiting for the letter telling me I've been accepted into a nursing program, to waiting for the constable to serve legal papers. I'm an emotional wreck. It does sound fishy, but hearing that I'm being sued by a LAWYER is what makes me nervous, since they know all the tricks and stuff.

Originally Posted by s_cianci

In a matter such as this, normally the attorney is paid a contingency, which is a certain percentage of the settlement amount. This should have been deducted from the amount of the check that was paid to you. The attorney's claim that he "wasn't paid enough" sounds ludicrous. He should have taken his cut before giving you the check. That said, the matter should be considered closed. If the insurance company is going to handle it, then it's really no skin off of your back but it still sounds kind of fishy. If your insurance rate is going to go up because of it, then I'd look into it.

RichardBondMan · Jul 9, 2007, 04:27 AM

Regardless, you must answer his lawsuit, let the judge decide, but you have auto insurance and it contains a provision that they will pay legal defense costs if you are sued. The suit is for atty fees in refenence to the accident, whether he didn't claim enough to represent you is irrelevant to you since you have auto ins to pay legal defense costs and you have to answer. Let your insurance company hire someone to answer the suit.

ScottGem · Jul 9, 2007, 05:48 AM

First, it really doesn't matter that you know the attorney or not. This sounds to me like an attempt to shakedown your insurance company. As long as they said they will handle it, just relax and let them. I've been in a couple of situations where I was sued over traffic accidents. I received a notice of the suit, turned it over to my insurance company and never heard about it again.