Legal Question in Personal Injury in California

uninsured driver & i have liability ins.only

Thank you for your time! On 01-17-02 I became the victim of a motorcycle crash. An uninsured driver made a left hand turn into oncoming traffic (me). I have hired a lawyer I have liability ins. but no unins.motor/under..coverage.The retainer says:The undersigned Client hereby employs .... to prosecute any legal actions which Client may have for personal injury and/or medical payments coverage arising from an accident which occured on or about ...In consideration of the professional services to be provided I agree to pay 33.1/3% of all amounts recoverd on my behalf, regardless of the source of said recovery in settlement of my claim (except property damage).In the event a satisfactory settlement cannot be obtained, and it becomes necessary to initiate a law suit (wether by filing a Complaint,demanding Uninsured/Underins. Motorist,or Medical Pay arbitration), I agree that the fee shall be Fourty %. I agree to pay $250.00(payable when my case is settled or otherwise resolved) should the Attorneys handle my property damage claim.Is this common practice, to charge seperate for the property damage? PS : I am not getting any answers and they never ever call me back !!!Is this also commom practice?????


Asked on 3/04/02, 3:56 pm

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: uninsured driver & i have liability ins.only

all agreements are negotiable. i see nothing strange about yours.

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Answered on 3/07/02, 12:49 pm
Joel Selik www.SelikLaw.com

Re: uninsured driver & i have liability ins.only

I have never heard of anyone charging seperately for property damage in a p.i. case. If they are not answering calls this early, take heed.

Joel Selik

800-894-2889

http://www.4thelaw.com/services2.html

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Answered on 3/06/02, 9:24 am
Steven Kuhn Steven Kuhn

Re: uninsured driver & i have liability ins.only

It is uncommon for attorneys to charge for helping a client in resolving their property damage claim. We never charge for this service. However, if you have no UM coverage and the other party is not insured, unless they have assets, you may be spinning your wheels.

If your attorney does not return calls, it may be time to change attorneys.

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Answered on 3/05/02, 6:09 pm


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