Q: can you sue your insurance company and your lawyer after a accident if release of liability was never signed?
I was in an auto accident in 2021, I was never told if the other insurance or my insurance was covering the repairs or medical bills. i was not able to get in touch with my insurance after countless emails and phone calls, my insurance finally responded in Nov. of 2022. I was without a car and under stress for a year due to both insurance companies lack of communication , pain from the accident and grief . I am out thousands of dollars due to having to pay for transportation and delivery services. also the lawyer that was handling my auto accident claim did not send me to get the medical treatment i was told I should have.
A:
Whether you can sue your insurance company and your lawyer after an accident depends on the specific facts and circumstances of your case. However, if you have suffered damages as a result of the accident and believe that your insurance company and/or lawyer did not act in your best interest, you may have grounds for a lawsuit.
If you did not sign a release of liability, it means that you did not waive your right to sue the other driver or their insurance company for damages related to the accident. However, you will need to demonstrate that the other party was at fault for the accident and that you suffered damages as a result.
Regarding your insurance company, if they did not communicate with you or respond to your inquiries in a timely and appropriate manner, they may be in breach of their contractual obligations. Similarly, if your lawyer did not provide you with adequate legal representation, you may have a claim for legal malpractice.
To determine whether you have a valid claim against your insurance company or lawyer, you should consult with an attorney who specializes in personal injury law. They can review the facts of your case, assess your legal options, and advise you on the best course of action.
A:
consider a consult with another lawyer ...to possibly take over.
if the 2nd lawyer accepts the case, the 2 lawyers will split any legal fee.
you can always sue anyone for anything...at any time.
the issue is whether the facts support your claim.........if the case is not big enough, you may have a challenging time finding a lawyer on a lien.
lawyers can't always get the medical care needed if the client has no, or poor insurance.
remember there is always Small Claims court...............
A: If a release was not signed, that could mean that some things can still be salvaged in terms of lost opportunities to pursue damages. Your claim needs to be reviewed in terms of determining what opportunities were missed and what opportunities remain in terms of pursuing damages. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
