Legal Question in Personal Injury in California
Am I a scam victim?
In Nov. I was a victim of a car accident. I was immediately approached at the scene of the accident by a man who said he could help me. Being in a daze and having no car insurance myself I didn't know where else to turn. I took my car to his repair shop, he took me immidiately to a doc. and had me sign a bunch of papers I never got copies of and don't even know what they were now. Ivolved me with a shady lawyer that I am now reluctant to trust. She said the woman at fault for the accidents insurance accpeted liability and was going to pay for my car. Then said she got a check but it was for the wrong amount and now I am waiting for new one to be issued. My lawyer says that afterward she will try to get compensation for my slight injuries. I have never met the lawyer personally and never even spoke to them until I had already signed paperwork. The cost was never discussed with me and I was told today they get 33%. I don't know if this is a scam and I'm not sure what to do now.
2 Answers from Attorneys
Re: Am I a scam victim?
You may want to have the State Bar investigate. If the person who approached you is paid by the attorney or the doctor, that is illegal. That being said, 1/3 contingency fee is standard in personal injury cases. But, if you were uninsured, you cannot, in CA recover for your pain and suffering. If the lawyer took the case knowing you were uninsured he or she probably did so for the 1/3 of your property damage and 1/3 of you bills from the healthcare provider, with the healthcare provider getting the other 2/3.
If you contact the state bar and lodge a formal written complaint, they will investigate further.
You do have an absolute right to arbitrate a fee dispute and the LA County Bar runs a good fee arbitration program that will look at all of this family and possible lower or even elimnate the fee.
Good luck.
Re: Am I a scam victim?
It sure sounds like a scam.
Your zip code is that of Canoga Park, and, depending on where the accident took place, I would talk to the local D.A., or police.
Based on what you have written, I agree that this is extremely suspicious, and the D.A.,or police, would be very interested since scams involving doctors, lawyers, insurance adjusters, auto repairs, add up into the millions of dollars.
Let me know if you need more advice, and good luck!
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