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mudvayne_01 · Mar 10, 2009, 04:05 PM

Hello everyone... I have a difficult question to ask, or at least it is difficult for me. My question is...

Back in April of 2006, I was a victim of a hit and run. Now when I say a hit and run, I really mean hit and run... I was on the sidewalk by my church, St. John's Luthern Church, and a kid purposely hit me in reverse with his car. To me, a car is a weapon, and could have killed me. Then he took off and left the seen. He was insured at American Family Insurance, but recently he's not. The accident left me with a very ugly and deformed pelvic/hip region. It sticks out about two inches, and my pelvic is crooked. The hit from the car broke pieces of bone, which then ended up rehealing very oddly. It's discomforting, and very painful. I need surgery, but cannot afford it at this time. The accident left me with outstanding hospital bills, and chiropractic bills, and I just cannot pay them. I went to his insurance company, and tried to settle it myself, but the agent grabbed my name and number, and told me that someone would contact me, but no one ever did. They pretty much pushed me aside like a piece of rock on a gravel road. It's been almost three years, and I've tried once more, and they still treated me with disrespect, and unprofessional. What should I do? I did get a lawyer, and we set up a binder with all my bills, x-rays, and information on this accident, but unfortunately my lawyer had to leave for the military, so he couldn't finish my case. So what could you answer to my question? I would totally appreciate it. Thanks much.

tickle · Mar 10, 2009, 04:43 PM

Mudvayne, my first question is... did you have any witnesses ? Did you seek any and was there a police report issued. You would have to have gone to a hospital after the ambulance was called if this was as serious as you say. There has to be records at the hospital. You have to access all of this, oryou should have after it happened. Sorry, please provide information of what happened directly after the hit and run.

Why would you assume you wouldn't get a respectful answer ? We are here to help, just need ALL the information.

Tick

BIGBOPPER · Mar 10, 2009, 05:17 PM

Can you also find out if there were other partners in the lawyer's firm that might be willing to help you? Also, do you have this binder? If so, call another lawyer and start the process over again. But you need to act quickly. I imagine that there is a statute of limitations that gives you a deadline to file suit.

JudyKayTee · Mar 10, 2009, 06:45 PM

You accident may very well be out of Statute OR you may not have filed the appropriate forms within the appropriate time. It is ALWAYS a mistake to try to deal with the insurance company yourself. If you have a retainer (binder - ?) with an Attorney that Attorney is responsible for handling your case OR if he/she cannot handle the case for locating and obtaining an equally suitable Attorney to conclude the matter.

You need to talk to your local Bar Association about the conduct of this Attorney.

It also does not matter who insures or doesn't insure the driver of the car now - what matters is who wrote the insurance on the date of the accident.

As far as the car/weapon argument is concerned unless the driver of the vehicle was criminally charged that argument is meaningless. In fact, if the driver DELIBERATELY ran you over (which is what you have indicated) the insurance can and will deny coverage under the "intentional act" clause in the driver's insurance.

You need an Attorney. Now.

(I'm an accident investigator in NY. Where are you?)

JudyKayTee · Mar 10, 2009, 06:47 PM

Originally Posted by tickle

mudvayne, my first question is...did you have any witnesses ? Did you seek any and was there a police report issued. You would have to have gone to a hospital after the ambulance was called if this was as serious as you say. There has to be records at the hospital. You have to access all of this, oryou should have after it happened. Sorry, please provide information of what happened directly after the hit and run.

Why would you assume you wouldnt get a respectful answer ? We are here to help, just need ALL the information.

tick

This information is not needed as part of an accident investigation - he is already attempting to negotiate with the insurance company which does not appear to be denying coverage. The problem is going to be statute, timely filing of the paperwork, the responsibility of the now-missing Attorney.

What happened after the hit and run does not enter into his question.

Now, if he's in Canada perhaps it is important. I can only address the accidents I investigate in the US, specifically NY.

JudyKayTee · Mar 10, 2009, 06:55 PM

Originally Posted by BIGBOPPER

Can you also find out if there were other partners in the lawyer's firm that might be willing to help you? Also, do you have this binder? If so, call another lawyer and start the process over again. But you need to act quickly. I imagine that there is a statute of limitations that gives you a deadline to file suit.

If he has a retainer/binder the Attorney is responsible for providing substitute counsel. It is not the OP's responsibility to find someone to represent him/her.

Fr_Chuck · Mar 10, 2009, 07:03 PM

A lot of things wrong.

Why did you wait 3 years to even start hiring an attorney.

Did you file any written claim or have proof of a claim against the insurance company.

After a number of years you can not legally sue any longer.

Did you contact your car insurance company, OK, know you were walking but in some states, ( Texas is one) they will actually handle a claim against another company if you were hit while walking.

But you need to be in an attorneys office IN THE MORNING, and see if you can still file a claim, and if so, get one filed.

JudyKayTee · Mar 11, 2009, 05:56 AM

[QUOTE=Comments on this post
simoneaugie agrees: There are some very disrespectful folks here. They talk down to questioners, as if they're talking to an idiot. Harsh is understandable, "I'm smarter than you" is rude.[/QUOTE]

Attitude on the legal boards tends to be answered with the same attitude as these boards deal with laws and facts, not feelings. After about a thousand, "Well, I have a cousin and he has a friend and he has a brother in law and that's not what happened to him," things get a little frustrating.

People who couldn't find the Courthouse without assistance tend to come on, post incorrect info and leave - and, yes, it's frustrating, at least to me.