i was in a car wreck can some one please give me some advice?
I was in a auto accident on Oct 2nd 2007, here is the funny part. the woman who owns the car was not the woman who was driving she loaned her to a 2nd person who loaned the car to a 3rd person. whom no one knows the name of the 3rd person. I was siting in a parking space in the mall parking lot when she plowed into the side of my car going at least 40 miles an hour she was cutting through the parking lot. after she hit me she got out of the car and ran. the policeman that did the accident report personally knew the owner of the car. but when he filled out the report he put the wrong address down. and the police department gave me the run around for 2 months ( this made me wonder a bit) i was stupid and contacted a lawyer i saw on tv. these people are not helping me a bit. they never call me back or even discuss the case with me. they settled out of court with out asking me if this is what i agreed to. for $4900 and out of that I'm only getting $1700.
. my car is so messed up its not drivable. i lost my job because of my injuries and that's all they settled for. i was advised to take the owner to small claims court so i did. i go for the 2nd hearing on Feb 1 2008. now he
here is the Problem. my lawyer sent some papers for me to sign and send back to him saying that i would not sue the owner her the 2nd party or Jane doe and so on... i don't know what to do. they told me that i have to sign it, and the judge told me that once i got the case started in court that i can not drop it. it just seems to me that there isn't any justice here for me the victim its all for the defendant. i have called my lawyer and every other lawyer i can find even the court house and know one can tell me what my rights are.
- 1 decade agoFavorite Answer
First of all, all three persons have liability. Here's why:
Owner has liability because it is her car. If your state requires insurance, she's on the hook for it because that car is in her name. She entrusted that car to the second person, but that does NOT absolve her from liability because of the reason mentioned above. Person two is liable because she was given responsibility of the car while under her care. THUS, when she gives the car to Jane Doe, she is responsible for Jane's actions because owner gave her the car. Person two's liability is NOT absolved either.
And obviously, person three is liable because SHE WAS DRIVING THE CAR. You can sue ALL THREE PEOPLE and collect from all of them. They are all jointly liable, but this does not mean that you can receive your total damages three times. Once you receive your total, regardless who gives how much, you achieved your compensation and the issue is closed.
On a second, unrelated issue, the former legal representation misrepresented you by agreeing to a settlement you did not authorize. You can sue this lawyer for the amount that was short of what you termed was agreeable. BUT, this will only be a valid argument if you are willing to settle w/ the owner/borrowers. If you had no intention to settle, then the lawyer really messed up your case by settling without your authorization, which then puts them on the hook for compensating you completely (what you could have won from the owner/borrowers). But if you did intend to settle, you can't go after the owner/borrowers any further and you can only get the money that was short in the settlement only up to the full compensation that you would have won from the owner/borrowers.
Hope it's not too complicated, but like most legal things, they are unnecessarily complex.Source(s): Not a lawyer, but have defended myself in traffic court several times (and won some of them). Have been party to suits where I was the plaintiff, and won some of them. Not to sound too scarry, but got a lot of great advice from watching enough People's Court. What can I credit my wins from?? I did my homework.
- Luna & LawnboyLv 71 decade ago
It sounds as if your current attorney presented a claim against the owner of the vehicle involved in the loss. She would have referred the matter to her insurance company. Since the driver of the vehicle may not have been a permissive user, the insurance company may have denied the claim, but then considered a compromise settlement to avoid suit. However, since the 2nd person did give the keys to the 3rd person, I really do not think the insurance company could have actually denied the claim. Maybe. The paperwork you received is probably a "settlement release" which is pretty generic. The insurance company requires that all parties they potentially would have to defend should suit be filed, be released from future claims. This particular release may just be for your Property Damage and may not include any bodily injury claim that you have pending. Contact your attorney and ask that they breakdown the settlement. How is it that you are only getting $1700 if the total settlement was $4900? How much was your attorney's contingency fee? What did you agree to when you signed the paperwork? Usually attorneys do not take more than one third, and they usually do not take anything on the Property Damage. Did you have a lien on your vehicle? Is the attorney paying off the lien? Perhaps that is why you are only getting $1700? Since the loss occurred only a few months ago, and you may still be treating, I would not think that settlement for your bodily injury claim was appropriate. When you met with your attorney did you tell him/her that you were injured?
You indicated that YOU filed suit. Did you, or did your attorney? What were your allegations against the owner of the vehicle, and did your suit include compensation for your injuries? You cannot recover twice for your damages.
If you get nowhere with your attorney, I strongly urge you to contact a real attorney, not one that has to resort to TV commericals.Source(s): Claims Adjuster - 20+ years
- 1 decade ago
First, of all dont every settle if the damages are extensives. Many do and wished they had not. Did you sue the person insurance company? Your insurance company should have consulted you on what to do. You can sue for maximum amount that is due to injuries and otherwise. If the person was not insured you can go through you own insurance company and see what your limits are on your insurance and they will compensate you. You will be surprise what your own insurance may cover. You can definitely file a claim in small claims court for all or any parties involved. You can also sue for pain and suffering. Many times at the incompetencies of others we suffer you still have rights and do not despair. Even the person has homeowners insurance you can go right through your own claims dept. and they will pursue all the options that you have....Now as far as your attorney you need seek restitution about why they settled without your consent that is another lawsuit all together unless you sign something and was not aware in any event....You should contact your local states attorney regarding improper litigations. I pray that will help you.
- 1 decade ago
Never call a lawyer from a T.V. commercial. They are getting so many cases from that they dont have time to focus on you. Always get referrals from family and friends first. When you meet with lawyers let them know you are in talks with other lawyers and are trying to figure out who is out for you and your needs mostly. Now, I would find a new attorney and tell him what the other lawyer did. It might be illegal because he was supposed to be representing you! He obviously didnt do that by settling without talking with you. Theres nothing you can do about the other law suit since its now in the records as being settled. Try to see if you can sue the other attorney or not.
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- Citizen1984Lv 61 decade ago
Get another lawyer ASAP. If your lawyer acted incompetently then he can be sued for malpractice. Didn't you get information from the other car like the license plate number, insurance company?
Your lawyer cannot settle your case without your permission or your insurance company's permission.
I am not a lawyer. Only licensed lawyers can give legal advice. The above should not be construed as legal advice.
- katjha2005Lv 51 decade ago
Call 1-800-Ask Gary
- 1 decade ago
You need to get another lawyer ASAP!!!
The one you have is "WORTHLESS"!
That never should have happened!
Get on the phone ~
- Anonymous1 decade ago
Did you see doc?