Legal Question in Personal Injury in California

Personal Injury, insurance issue

I was passenger in a head on collission which my driver was insured and the other party who was at fault was not insured. I have an attorney in which I have never met face to face since Dec. 2004, and have only spoken to him on the phone... I feel a little awkward with my attorney situation because I don't really trust hiom. I asked him some serious questions about my drivers insurance and he got upset with me and raised his voice. I don't wanna be stuck paying my medical bills in the end. Please help me! Can I foind out how much the driver of the vehicle I was in has on his policy? Or do I have to wait until we go to arbitration? (My lawyer said soemthing like that)?


Asked on 3/29/05, 3:46 am

3 Answers from Attorneys
Daniel King Law Offices of Daniel King

Re: Personal Injury, insurance issue

First and foremost . . . YOU are the boss as the client. If you don't like or trust a lawyer, YOU have the right to discharge him or her IMMEDIATELY and retain other counsel of your choosing. The ONLY thing that the former lawyer can do is assert a right to payment later, (a lien), which would only then come out of the subsequent lawyer's fees, NOT YOUR MONIES.

That being said, there really is alot more to it than that. You may have rights to recover against various sources.

I would encourage you to call. I will not pressure you to retain my office at all, but I can give you some information on which you can make an informed choice as to whom you have as your attorney. There really is too much at stake for you not to get along with or trust your lawyer. Please act soon. If not me, call someone else.

Good luck.

Daniel King

818 587-9299

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Answered on 4/07/05, 8:30 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Personal Injury, insurance issue

If you are not comfortable with your lawyer its time to find a new one. Your new lawyer will arrange for paying the old one appropriately out of the contingency fee. It should cost you no more. Your lawyer will have to determine the following:

1. Does the other driver have any assets?

2. Was the other driver acting as a agent for another when the accident occurred?

3. Is there a viable predicate to apportion fault to the driver of your vehicle?

4. Is there a viable predicate to apportion fault to anyone else?

5. Doe your driver have uninsured motorist protection and if so for how much?

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Answered on 4/07/05, 11:54 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Personal Injury, insurance issue

Well, where do you live and where is your atty's office? And where did the accident happen? If you are anywhere is the Orange County area, I'll be glad to meet you, go over your case and see if a change is needed. Depending on your relationship with the driver, you should be able to get a copy of his coverage page to determine Med Pay and Uninsured Motorist coverage. Also, your own auto policy may provide benefits to you depending on what you've got. It may not be necessary to go into litigation and arbitration.

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Answered on 4/08/05, 6:19 pm


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