Legal Question in Personal Injury in California
URGENT! Lawyer won't move forward,5 months from statute deadline.
I was rear ended on October 8/2004. I was the passenger in my vehicle with a friend driving. My vehicle was totaled, and I spent 15 months in treatment for debilitating migraine headaches and neck,shoulder and back pain.. My chiropractor referred me to an attorney, while being treated. Both the driver and I retained him. I was sent to a neurologist,an orthopedist,for a shoulder MRI, and physical therapy. I have been on various meds throughout. My medical bills total $10K+ $519 for my rental,$327 in property damage, and a lost modeling contract of $25K. My life was turned upside down by this accident,my husband and I separated as a result.He passed away in September of 2005 from a ruptured aneurysm. The at fault driver only had minimum coverage, Farmers paid $15K on each case; we each received $5K. I still have medical bills,car rental,property damage,prescriptions unpaid. We were assured my�large�100K UM policy with Progressive would cover all of this and more. Progressive is not offering a settlement, only to waive repayment of med-pay. The attorney yesterday told the driver he would not go to trial unless he paid $10K or get another lawyer.What is the best option,a new PI attorney,bad faith claim,or even legal malpractice?HELP!
5 Answers from Attorneys
Re: URGENT! Lawyer won't move forward,5 months from statute deadline.
I am clear on your case with the exception of the current status of your representation. As to the case, what needs to occur in very short order, is to toll the statute of limitations by initiating a court action or by demanding UM arbitration or both. Then, plain and simple, the case needs to be prepared for arbitration and arbitrated. Given the facts as you set them out, Progressive is being unreasonable. If you arbitrate the case and get a nice award, as I suspect you will, set this up correctly and you may then have a second case against Progressive for bad faith. If your current lawyer is representing both you and your driver, there may also be a conflict there, I can't say--but I do not understand the 10K reference. Either way, feel free to contact my office to chat. The consult is free. WWW.righthandfirm.com
Re: URGENT! Lawyer won't move forward,5 months from statute deadline.
Has your insurer explained its decision? Without knowing why it denied your claims there is no way to offer any guidance.
Re: URGENT! Lawyer won't move forward,5 months from statute deadline.
You need to file suit or arbitration before the statute runs. Whether your remaining case is high value is a question that needs to be discussed and determined. You already settled for 150% of your medical expenses; you said nothing about wage loss except a lost potential opportunity. Your UM policy should at least pay for your out of pocket losses like that. Feel free to contact me if interested in pursuing this.
Re: URGENT! Lawyer won't move forward,5 months from statute deadline.
I NEED MORE FACTS AS TO WHY THE UM CARRIER HAS NOT OFFERED YOU A SETTLEMENT. YOU MAY PROCEED WITH YOUR OWN UM INSURANCE CARRIER BUT YOU HAVE TO GO TO A BINDING ARBITRATION. YOU MAY ALSO SUE THE OTHER DRIVER BUT YOU HAVE TO DO THIS RATHER QUICKLY (WITHIN TWO YEARS OF THE ACCIDENT). PLEASE CALL ME AT 213.388.7070 WIYH MORE FACTS AND TO DISCUSS YOUR CASE FURTHER.
Re: URGENT! Lawyer won't move forward,5 months from statute deadline.
Go to my personal injury website at thepersonalinjury .com for more information about your case. Check out the insurance information section.
I am confused by the facts you articulated. UM does not cover you under the circumstances you described. Under Insured Coverage does! Is that what you meant? UM/BI (in almost all cases) only covers you when you are hit by an uninsured motorist who is AT FAULT. Since the driver of YOUR car was not at fault, UM/BI would not kick in in most cases.
Secondly the lawyer should not have represented you and the driver in this case without getting a written conflict of interest waiver from you.
I would need to see your policy to get more information. Who assured you that progressive would pay under UM/BI? I doubt progressive did.
If you want a free consultation you may call me. My information is listed on this website.
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