Legal Question in Personal Injury in Texas
3 months and still no answer from the insurance company
Three months ago my husband was in a wreck. The person pulled out in front of him and another guy causing magor damage to my Jeep and totaled the other guys car. I was in the process of switching insurance companies and was not insured. The guy that caused the accident was 100% at fault. All reports indicate that. My husband was hurt and had to go to the hospital and has been seeing a Doctor since. I have paid $3000 so far for a rental car and my Jeep is still sitting at the shop not fixed. I have a lawyer working on it but he avoids my calls and just doesn't seem to be working for me. The person that caused the accident did not have enough insurance to cover both vehicles he hit this is what the lawyer is saying. I have given the rental back and have no car now. They refuse to pay anything. I really need to know what to do. Should I get another lawyer? He told me yesterday he will let me know today if he will be taking my case. What does that mean.I now will have to pay out of pocket to get my Jeep fixed. I'm so confused on why its turned out this way when agin they are 100% at fault. I didn't think it would be an issue and take 3 months and still not have an answer.Any advice would help!
3 Answers from Attorneys
Re: 3 months and still no answer from the insurance company
If you still have an attorney, then the first step is to schedule an appointment with him/her and have a sit down to discuss your case. If your either of you decide to discontinue representation, then you are free to hire new counsel to review your file. If you fire your attorney, then your attorney without cause s/he may keep a lien on the file. Your new attorney can work that out in most cases. If you are unable to work anything out with your present counsel, or if your present counsel discontinues representation, feel free to contact us.
Re: 3 months and still no answer from the insurance company
I suggest that you report this attorney to the State Bar Association. It appears that he has been ignoring your case to your financial detriment. Maybe he can explain a 90-100 delay to the grievance committee. I know I don't want that opportunity.
Re: 3 months and still no answer from the insurance company
From your message, you may not actually have a lawyer. If you haven't signed a written contract, you need to do that with a new attorney asap. Obviously, you not being insured yourself will slow things down and limit your options, but even with your property damage claim, the values of the respective vehicles can be easily determined and a settlement of the limited insurance proceeds can be had to some extent. With a limited insurance scenario, three months is not an excessive time frame, but it sounds as if things may be dragging on a bit too long.