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Car Accident/lawyer Dropped Me...what Should I Do???

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adviceneeded123

Junior Member
What is the name of your state? Colorado.

Please have some patience with me. My friend is letting me use her user name, so I did not have to sign up for one. I have never been to this site before, but I am praying I can find some help here. IT is a long story, but I will try to keep it short.

On Dec 21, 2005, my husband and I were at a red light for about 10 seconds (on the way to work, early am, not many other cars on road) then we get slammed into from behind. No cars were in any of the other lanes, so the driver could have swerved and avoided us. We ended up in the middle of the intersection. I had just bought this car with 19 miles on it 48 hours prior. My husband was driving. I asked the other driver, what happened and she replied "My brakes failed". About 5 minutes later, we were waiting for the police and she called her mom and I overheard her say "see mom, I should have gotten my car fixed or I knew this was going to happen". Eventually police came, she got 2 tickets and her car had to be towed (not able to be driven) we were able to drive away (she mostly hit our tow hitch which ruined her car and saved ours). Anyway, we were both hurt in this accident. My husband had xrays and his spine is basically bent the wrong way. The DR recommended Physical Therapy for him, so he attends 2-3 times per week for his neck and back. My back was hurt as well as my knee. Had an MRI for my knee (awaiting results) and also go to physical therapy. A few days after the accident, we were advised by frineds and family to retain an attorney. We did. She seemed nice at first. I called her a few times with questions and never got a response. She had told us to use our medical insurance for each visit to the DR (well at $40 copays with each of us going to physical therpay 2-3 times a week this is getting pricey), I called to ask if there was another way to handle this since it is going to be more than $500 a month I am spending out of pocket. She said I had to use my medical insurance.

When our car was done being repaired (paid for by other drivers insurance State Farm) we were told that the frame was bent, but fixed. Well I have heard that a frame bent is really bad and considereing this car is only 28 hours old at the time, I was not sure if we should pick up the car or not. I was not sure that if we picked up the car if that meant we accepted it or not. Anyway, so I called my attorney, lets just say she SCREAMED at me for calling with emergencies when in fact they were not, etc, etc, etc. She never answered my questions at all.

This was about 5 days ago. Well, today I get a call from her saying she thinks it is best if we cancel the contract and I am able to get other counsel. She said I have too many questions and she cannot be at my beck and call 24 hours a day (even though I have called her like 4 times in 3 weeks) and perhaps it would be better to part ways. She said we would not owe her anything at all.

Okay, so here is my question......

1)Should I hire another attorney or try to do this all myself? Basically once our DR releases us then we are OK to close the case.

2) IF I hire another attorney or handle it myself, is it going to look weird changing attorneys already?

3) Why do you think she did not want this case anymore, does she think we have no $$ to get or what? Her excuse of I am annoying is false. I requested my own police report from her almost 3 weeks ago and I am still waiting!

Any advice will be appreciated as I am at a loss!

Thanks!
 


sukharev

Member
Sounds like State Farm has already accepted responsibility. Rather than wasting money try to talk to them ASAP. They should have a standard way to deal with these issues. Medical bills, etc. should have gone through them. Your medical insurance should soon ask for info on the accident, they would want their money back. When they do, you have to deal with it also. Once again, talk to State Farm guys, see what they recommend. I know, it's weird and they should be interested in NOT paying, but that's really not the case anymore, since they already paid for the car.

Speaking of the car, bent frame issue should have been resolved BEFORE fixing the car. Now it's too late, because by giving the car to the body shop, you accepted the negotiated rate and repairs. You can still ask how bad the bent frame is, and definitely ask for a lifetime warranty on all repairs (paint is likely to be a bigger problem than anything).

You can still find another attorney, if you feel like it, but check first if what's offered by State Farm is reasonable.

As for the car, drive it for a few years, then get rid of it, it's never going to be the same as brand new.
 

teflon_jones

Senior Member
Where is your insurance company in all of this? You should contact them and file a claim for the accident. You'll have to pay your deductible, but it'll be well worth it, and once they're involved it's unlikely this will ever go to court. You have insurance, correct?
 

adviceneeded123

Junior Member
Thanks for the replies! Yes, I do have car insurance. I am confused though, why would I call my insurance company and pay my copay????

I know the car will never be new now, but for once this was the car I wanted to keep for a long time!

I am hoping to just settle this with State Farm myself, I have NO idea why my lawyer had us pay all of our copays out of pocket!!!!

I am just hoping State Farm will see that this WAS a new car and is NOT anymore, I think I should be entitled to some sort of value decrease in the car.

Hopefully this will ALL be resolved! If anyone has anymore advice, send it MY way :)

Thanks!
 

weenor

Senior Member
adviceneeded123 said:
Thanks for the replies! Yes, I do have car insurance. I am confused though, why would I call my insurance company and pay my copay????

I know the car will never be new now, but for once this was the car I wanted to keep for a long time!

I am hoping to just settle this with State Farm myself, I have NO idea why my lawyer had us pay all of our copays out of pocket!!!!

I am just hoping State Farm will see that this WAS a new car and is NOT anymore, I think I should be entitled to some sort of value decrease in the car.

Hopefully this will ALL be resolved! If anyone has anymore advice, send it MY way :)

Thanks!
The only reason to call your insurer at this point is to see if you are paying med pay under your policy. Med pay is a small amount (usually $500.00-$5,000.00) of coverage to be used for medical bills in the event you or anyone else covered under the policy is injured in an accident. Such med pay coverage can be used for your co-pays if you have the coverage. Otherwise you would pay your co-pays and keep track of the amounts for reimbursement once you settle.

Be careful negotiating on your own, it is the insurance company's interest for you to settle early and low before the extent of you injuries can be appreciated. It is not unusual for symptoms to continue for several months. . . The property damage to your vehicle is a separate issue and can be settled more quickly. Some states allow for a loss of value to your car some do not.
 

adviceneeded123

Junior Member
I also should add that this brand new $28000 car does not feel like that anymore. I mean I had it for 36 hours, it had 19 miles on it when this happened. As far as I see it, I should receive a NEW car like the one I had, or at least compensation for having to keep this car. Will Sate Farm see it that way?
 

weenor

Senior Member
adviceneeded123 said:
I also should add that this brand new $28000 car does not feel like that anymore. I mean I had it for 36 hours, it had 19 miles on it when this happened. As far as I see it, I should receive a NEW car like the one I had, or at least compensation for having to keep this car. Will Sate Farm see it that way?

Probably not.. You see the car lost value the minute you drove it off the lot...and the damage was (at least in State Farm's mind) less to repair than to total the car and pay to replace. Your only hope is if there is statute or an appellate case allowing for recovery for the loss in the value of your car as a result of the accident.
 

injured22

Junior Member
Car Repair part

I'm no lawyer, but considering I've had to deal with car accidents in a few different states, this part seems true:

If the service to repair your car did not, in fact, repair it to a satisfactory state - you then do not pay for or pick it up, until it does.

Some insurance companies guarantee the repairs related to the damage caused by the accident. Here is a link to State Farm's insurance stand that also has some more links regarding their "Service First" and "Selective Service" arrangements.

http://www.statefarm.com/claims/damage.htm

Make sure you get everything documented. I cannot stress how important documentation is in anything. If you can prove, without a reasonable doubt, that the bent frame was due to the accident, and that the repairs did not restore your vehicle to the state it was in prior to the accident, it would appear that you would have a case.

As far as an attourney would go, I would suggest you find one who isn't too busy to perform their job.

I hope that helps.
 

weenor

Senior Member
injured22 said:
I'm no lawyer, but considering I've had to deal with car accidents in a few different states, this part seems true:

If the service to repair your car did not, in fact, repair it to a satisfactory state - you then do not pay for or pick it up, until it does.

Some insurance companies guarantee the repairs related to the damage caused by the accident. Here is a link to State Farm's insurance stand that also has some more links regarding their "Service First" and "Selective Service" arrangements.

http://www.statefarm.com/claims/damage.htm

Make sure you get everything documented. I cannot stress how important documentation is in anything. If you can prove, without a reasonable doubt, that the bent frame was due to the accident, and that the repairs did not restore your vehicle to the state it was in prior to the accident, it would appear that you would have a case.

As far as an attourney would go, I would suggest you find one who isn't too busy to perform their job.

I hope that helps.

Injured22-your right- your not a lawyer- OP that website would appear to apply to State Farm customers. That is State Farm policy holders. Unless you are making a claim under your own State Farm policy I would doubt that you will convince them that their service procedures would apply to you. BTW the legal burden in civil cases is preponderance of the evidence (more likely than not). Reasonable doubt would be reserved for the criminals.

Get a lawyer- call the local bar association in your area, get some names and make some calls.
 

teflon_jones

Senior Member
You should submit this to your insurance company since the accident wasn't your fault and they'll provide a lawyer free of charge. Yes, you'll have to pay for your deductible, but you'll get a free attorney that will work on your behalf.

Colorado doesn't support diminished value claims so you're out of luck with respect to getting back anything extra for the car being so new. Did you sign a work order allowing the shop to work on the car?
 

adviceneeded123

Junior Member
Thanks for all the responses. My car was fixed at a "service first" place, which is somehow linked to State Farm (I think????). Anyway, they did not want to look at the frame, then I told them I will pay for it myself to be looked at. So come to find out, it was bent (he fixed it before he even called us to tell us it was bent). When I picked up the car, he did not charge me for the frame and said that State Farm would cover it. I never signed anything when I picked up the car at all. We have picked it up, but never signed anything. I called my lawyer after I found out the frame was bent to see if I should still pick up the car and she told me too (BIG mistake).

I called my insurance company today (Liberty Mutual) and reported the accident. They said I need to report EVERY accident to them, regardless of fault. They are to have a claim rep call me later today to answer some of my questions.

Since "Colorado doesn't support diminished value claims so you're out of luck with respect to getting back anything extra for the car being so new" am I just screwed? There is no compensation or anything for this having to my BRAND new car? Not to mention with CarFax reports, this accident and frame damage will be reported I am sure!

Since I now contacted Liberty Mutual, is there a way for me to get a settlement from them? Will they compensate me for the car?

I have decided against a lawyer at this time. I am going to try to do all this on my own. I am not looking to bank, I just want to not be in pain and have my new car back in new condition. Unless Liberty Mutual advises me otherwise, I feel this is the right move.

So I will be relying on the helpful people on this site to help me out!

Thanks for all the advice :)
 

teflon_jones

Senior Member
adviceneeded123 said:
Since "Colorado doesn't support diminished value claims so you're out of luck with respect to getting back anything extra for the car being so new" am I just screwed? There is no compensation or anything for this having to my BRAND new car?
No, as I posted the concept of diminished value is not supported in your state.
 

adviceneeded123

Junior Member
Well, just to keep everyone updated. Liberty Mutual is helping me on my end. They are answering my questions and such. I was told off the record that they may be able to give me some money for my car (the claims rep told me this), so I am hoping they can! I got the car appraised by this place that appraises new vehicles in accidents and gives the depreciation amount, anyway, I was told it was depreciated by $2000. So I am going to work with my insurance company to recoup this. If I have to pay $500 to get $2000, I will! We still have at least another 4 weeks in Physical Therapy and my wonderful Health Insurance Company (AETNA) just raised my copays, to $60 for a specialist (Physical Therpaist). So now it is $120 (my husband and I) 2-3 times a week. So I am out all that cash. Hopefully State Farm will settle with me in a timely manner.

Anyway, I also had another question. Once I settle with State Farm, can I sue the moron that hit us?

Thanks :)
 

stephenk

Senior Member
"You should submit this to your insurance company since the accident wasn't your fault and they'll provide a lawyer free of charge"

Not correct. Her carrier will only provide an attorney in the event she is sued for the accident. No carrier provides an attorney to help an insured sue someone for their personal injuries.
 
adviceneeded123 said:
Well, just to keep everyone updated. Liberty Mutual is helping me on my end. They are answering my questions and such. I was told off the record that they may be able to give me some money for my car (the claims rep told me this), so I am hoping they can! I got the car appraised by this place that appraises new vehicles in accidents and gives the depreciation amount, anyway, I was told it was depreciated by $2000. So I am going to work with my insurance company to recoup this. If I have to pay $500 to get $2000, I will! We still have at least another 4 weeks in Physical Therapy and my wonderful Health Insurance Company (AETNA) just raised my copays, to $60 for a specialist (Physical Therpaist). So now it is $120 (my husband and I) 2-3 times a week. So I am out all that cash. Hopefully State Farm will settle with me in a timely manner.

Anyway, I also had another question. Once I settle with State Farm, can I sue the moron that hit us?

Thanks :)
usually not, unless "that moron" did something that would result in punitive damages. When you settle with state farm for your injury claim you will be required to sign a release. This releases "that moron" from all claims arising or resulting from this accident. I agree with calling state farm and seeing what they offer, make sure to have a list of all co-pays and out of pocket expenses you incurred and have them add those into your settlement.
 

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