Legal Question in Personal Injury in California
Do accident attorneys have the right to take 1/3 of car rental bill?
I was involved in an accident and signed all the legal forms for an attorney in my area. I was rear ended and didn't have an extra car to drive to work. I rented a car and the bill came to 1,000.00 and the attorney verbally told me, "that the insurance co. wanted to settle the case. The doctors bills came to $4000, but the doctor is willing to take a three way split. The insurance co. offered $9,000 and that's $3,000 for each of us. They also are going to pay for the rental car and that all goes to you." I received a check for $3,000.00 and a check for the car rental minus a third. I called the lawyer and told him that he said that the whole rental car bill went to me. He then told me that I did not have rental car coverage and that there for it was a litigation and that I signed the forms that stated that he get a third. Is the attorney entitled to a third of the rental car bill?
Why should I have to pay his third? Can I take him to small claims court and would I have a chance? Am I obligated to pay the rest of the doctors fees?
and that the doctor the all the money from the car rental goes to me.
1 Answer from Attorneys
Re: Do accident attorneys have the right to take 1/3 of car rental bill?
you need to carefully read your fee agreement with the attorney. that will tell you. I cant answer this question because I havent read it. basically, he is entitled to what the fee agreement states, nothing more, nothing less. However, in practice it is very rare that an attorney will take a share of the car rental bill, regardless of what the fee agreement is. It is considered chickenshit.
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