red flags with my lawyer

[janie_browning]

I was in an accident Oct.2007 and my right leg was broken, both bones came though my skin.I had to have a steal rod put in my leg and was in hospital for a week . I was more or less bed riden for two months. My doctor said it would take 6 month for my leg to heal.When I got home from the hospital I went though the yellow pages and got a lawyer. He seem to be trust worthy but now i am seeing red flags giong up. In the begining he tild me that the other car belonged to the girls father and he lived in Indana and she ls living here in Lexington Ky. but there is a clause in her fathers polace that reads( if someone using his car that dosen't live in his house he can not be held liable).He told me the polace was for $100,000 then it was 200,000 now it is 250,000.He said he would like to invesagate but he didN't has $2000 to do so. My insurance has $10,000 in pip and
I have $25,000 in personal injury. He has my pip money in his bank.I have papers saying that he can't touch it but I am scared. Now he wants me to settle. My pip mony will not cover my meditcal bills over $45,000. help















































































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[Innerlaner]

>> if someone using his car that dosen't live in his house he can not be held liable).

I think the policy most likely states that the INSURANCE COMPANY won't pay but the dad and/or daughter are responsible.

The lawyer does sounds incompetent. I wouldn't give him money.

 

[PILawGirl]

The daughter is probably is listed as an excluded driver from the policy which means the Father's policy will not accept liability for the accident because the daughter is most likely an excluded driver. There are serveral ways to find out if the daugther had her own policy, he can send her a letter asking her to provide the information or use a research company to look into it. The research companies generally charge $250-300 if they find an existing policy that belongs to the girl who caused the accident. The research company I use will NOT charge us ANY fee if they do not find any results. If there is no applicable insurance for the girl and you have Uninsured Motorist coverage you can use that, even if your coverage is only 25k generally most hospitals and medical providers will work with your Attorney to reduce your bill given the situation. However, I am in CA so I'm not sure if it works differently in your state. A lot of personal injury firms will not directly sue Defendant's personally unless they have some hard evidence that the Defendant's have assets they can go after, most of them don't because the ones that do generally have insurance. As far as your Attorney goes, I don't really know what to tell you. If he values his firm and his reputation it is unlikely that he will do anything unethical to risk it. Look over your Contingency Fee Agreement again (I'm assuming you have one), read the fine print, find out if he still charges for his costs to do the case. Any settlement he negotiates, even if its not much, he's entitled to his fee.

 

[janie_browning]

thank you

I just wanted to thank you for your advice,It has helped.

 

[PILawGirl]

Glad I could help, or at least help you to understand things a little better. Let me know if you have any other questions.