Legal Question in Administrative Law in California

Car Accident

I was in a car accident a year and a half ago. I got rear ended and hurt my neck really bad. Two months before that i was hit by a drunk driver. He settled the d driver case, but he hasnt done anything on the second one. wont return my calls for the past month. Lied about talking to statefarm, i dont think he has even worked on the second case even though he tells me he has, because his stories dont match up. Should i just go through the guys insurance company, and try and settle by myself and what should i do about my lawyer?


Asked on 3/13/08, 7:25 pm

3 Answers from Attorneys

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Car Accident

Don't try to do this yourself. Hire a new attorney and let him/her handle the former attorney. Your statute of limitation is two years from the date of the accident (i.e. actually it's the day before the two year anniversary). If you don't move quickly no one with proper insurance coverage will want to represent you. Also, the new attorney may recommend reporting the former attorney to the State Bar.

Make sure the new lawyer agrees that any share of his/her contingency fee will be split with the original attorney (i.e. if such a split is necessary).

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Answered on 3/13/08, 8:02 pm
Terry A. Nelson Nelson & Lawless

Re: Car Accident

If you are not satisfied with your attorney, you can always substitute in a new attorney. I advise you to go meet with him before deciding on any action, although if he really isn't communicating, or isn't working on the case, that is valid reason to switch. For obvious reasons, I don't recommend you try doing this yourself, that's what attorneys are for, just as you initially decided. Keep in mind you have 2 years to file suit on any accident case. Feel free to contact me if you decide you want new counsel.

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Answered on 3/13/08, 8:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Car Accident

I agree with the prior answers and would only add that, while your own insurance company won't represent you as a plaintiff, it should be informed of the incidents and may have advice for you.

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Answered on 3/13/08, 9:50 pm


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