Legal Question in Personal Injury in New Mexico

How long for auto accident settlement? It's been 6 months.

I was involved in an auto accident,in August of 2003, which totaled my car. The other driver was cited for not yeilding the right of way. The car was worth around $4500, medical bills $700, and I missed 5 days of work, also the wrecker is charging $8 dollars a day for storage fee. I have a lawyer, but I can never get a hold of him, he doesn't return my phone calls, on the rare occasion I do get through all he tells me is that he is working on it. The other drivers Insurance company has called me 2-3 times and has sent 2 letters regarding the claim with the adjuster's contact info on it. I sent the 2 letters to the lawyer in November, but I met with the lawyer at the end of January and he still had not contacted them yet. I want to get a different lawyer but I don't know what to do. I never signed a contingent fee, so I don't even know what he charging. I need help. The storage fee for the car is already over a $1000 dollars and I recieved a mechanic's lien on it,don't know if they are going to go through with it.

Thanks for your help


Asked on 2/19/04, 6:49 pm

2 Answers from Attorneys

Douglas Barr The Barr Law Firm, P.C.

Re: How long for auto accident settlement? It's been 6 months.

The Supreme Court rules do not allow lawyers to advise someone on the same issue that you are being represented, so you need to fire your current lawyer before another lawyer can review your case and advise you, if you desire another lawyer to represent you.

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Answered on 2/19/04, 7:08 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: How long for auto accident settlement? It's been 6 months.

You are free to discharge your current lawyer if you are unhappy with his services, and it is best to do so in writing. Legal ethics prohibit another lawyer from discussing your case with you until you have discharged your first laywer. When you have determined to change lawyers, the successor you choose can advise you further.

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Answered on 2/19/04, 7:50 pm


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