Q: can you sue someone directly for car crash for being negligent other than insurance claim?
I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the other vehicle. I ended up in the ICU with a bleeding brain and a back pain injury. I am recovering, but now I suffer from decreased hearing, headaches, and back pain on most days.
My insurance only covered the total value of my car, which I had almost paid off. However, the other driver's insurance hasn't paid a dime. I called the police department, and I was informed by one of the detectives that they didn't even issue a ticket or fine him for this negligence. I hired a lawyer, but up to this point, we haven't reached any insurance settlement. Unfortunately, I wasn't aware that the lawyer I hired only handles insurance settlements and won't assist with my injury claim.
A: I would be shocked if your current attorney is unable to help you with your injury claim as it sounds substantial. I would encourage further communication to clarify that fact and if indeed correct, immediately retain a qualified personal injury attorney to assist you with your bodily injury claim. It sounds as if you have gone through alot, I hope you are recovering and encourage you to get help through this legal process.
1 user found this answer helpful
A: You should have a meeting with your lawyer to determine what actions he/she has taken thus far in prosecuting your case. In serious injury cases, such as yours, insurance carriers will reluctantly divulge their insured's policy limits. In addition, you can look at your own policy to see if you have Uninsured Motorist (UM) coverage.
Robert P. Taylor agrees with this answer
1 user found this answer helpful
A: You need to sit down with another attorney right away if your current attorney doesn't handle personal injury. That doesn't really make sense but if you are confused then more clarity is needed. Don't wait to find out. You should also confirm with your current attorney that you are getting the information correctly. Good luck to you!
Robert P. Taylor agrees with this answer
1 user found this answer helpful
A:
Your injury claim and potential insurance settlement are likely the same thing, so I am not sure that your attorney is unable to help you.
Nevertheless, you are entitled to fire your attorney at any time and hire a new one. Sometimes, that can be difficult since the attorneys have to split the fee. If the other party ha high liability limits, or you have high UIM limits, that can make it easier.
A:
Yes you can sue someone beyond their insurance, however, if you settle your claim against the at-fault drivers insurance company, they will require you to "release" their insured from any further liability. So you either settle with the insurance company or you file a lawsuit. You can't do both because an insurance company has a duty to protect their insured so they are not going to agree to pay out on a settlement AND allow you to sue their insured.
The delay in negotiations may be due to the allegation that the at-fault driver was racing another car. Street racing is usually excluded under auto insurance policies. So the insurance company may be conducting their own investigation or they may have denied your claim because their insured was street racing at the time of the incident.
So you have two options.
1) You can either speak to your attorney and ask about the current state of negotiations and the estimated time it will take to settle your claim, or
2) Hire a new attorney who will discharge your current attorney and get your case file... so you don't need to communicate with your lawyer any further. However, your new attorney will have to share fees with your current attorney and that can prove to be problematic (for your new attorney). The good news is you only pay one attorneys fees. It's up to the attorneys to work it out.
Due to the seriousness of your accident, consider calling another attorney for a free consultation. This may provide you the best information you need to decide how you want to move forward. Good luck. Patrick Steinfeld.
1 user found this answer helpful
A: It could depend on release and whether you signed it. Your attorney could advise more definitively on this. Good luck
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