Legal Question in Personal Injury in California
Two auto accidents same insurance co.
I was involved in 2 separate accidents one in 2/03 and one in 7/04 both
involving drivers running red lights and broad siding me. They have the
same insurance company which has accepted liability in both cases. The first
car was totaled and the 2nd one sustained major damage. The property part
of the claims was paid by their insurance and I was happy with that, but My
attorney in the first accident does not communicate with me. It has been-18
months and no settlement has been reached , as far as medical bills,lost
wages etc is concerned. Would it be ok for me to settle the second accident
myself without hurting the first case.{I think I would net the same as if I hired
an attorney.}
5 Answers from Attorneys
Re: Two auto accidents same insurance co.
Your questions does not have a simple answer. In the first instance, any settlement that you make will have an effect on the first claim. It is up to a very competent lawyer to parse out the separate claims and to present each carefully to the respective defendants carrier. Despite the fact that the carrier is the same, there is a requirement of confidentiality of each file. The two adjusters should not be talking to each other. However, when the time comes for settlement each will know of the other claim. Your claims are best served by having one very competent lawyer who will give full disclosure of both to each adjuster and apportion the total loss between the two accidents.
If your lawyer doesn't communicate with you, fire him or her. There is no cost to you to do this as the two lawyers will split the ultimate fees.
Wishing you the best.
Re: Two auto accidents same insurance co.
Each case will be defended in part on the theory that the other accident is what caused your PI claims. An attorney is experienced in how to properly handle that and obtain maximum recovery, you probably aren't and would likely end up with less than fair recovery. I suggest you hire an attorney, might as well be the one you have already.
Re: Two auto accidents same insurance co.
If your attorney in the first case won't communicate with you, fire him or her and demand your file be returned. Then hire an attorney for both cases. If people got the same net money without attorneys we'd be out of business.
Re: Two auto accidents same insurance co.
Please don't play "Mr. Lawyer" on your own. Insurance companies have a field day with those types. Demand in writing for your attorney to have a meeting and respond with advice in writing, otherwise fire him and a new attorney for both cases. The subsequent accident complicates matters a little and you are shooting yourself in the foot by doing it yourself. Good luck and thanks for your question.
Re: Two auto accidents same insurance co.
Don't try to settle the second case on your own. Standard settlement agreements contain language by which the parties waive any and all claims they might currently have against one another, so if you sign an agreement like this as to one case you will undermine your rights in the other.
You need and attorney to represent your interests here. If you aren't satisfied with the lawyer you nw have on your first case and can't get him to do what you need sone, fire him and get someone else. If you try to do this by yourself, though, you will likely regret it later.
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