Trouble with motorcycle accident and my lawyer. Help!

hanzo723 · #1 03-22-2007, 06:37 PM

What is the name of your state? California

WARNING: Long post

I got into an accident almost 2 years ago. August will be 2 years. I have a witness and the police report states that it is the other person is at fault. What happened is that a pick up truck decided to make a left turn from the middle lane while I was on the left lane going straight. I was forced to lay down my bike rather than hitting the vehicle. The other driver's insurance company is saying that it was my fault for overreacting because I told them the truck cut 20ft in front of me. They are offering 50/50 but I don't want to take it. How is it my fault if someone illegally enters my lane? Why do I have to adjust myself for someone else's mistake?

My second issue is that it is almost impossible to get an update from my lawyer. I would hear from him once every three months or so. I have left numerous voicemails and emails. The last I have heard from him was 1/4. And that was after I received a letter from the hospital saying that they will send my bill to collection if my lawyer continues to ignore them. My problem is that I'm afraid that my statue of limitations will run out if it already hasn't. Is there something I can do? If my lawyer is just going to let the case linger and run out, I'm going to end up with a huge hospital bill and repair bill. Is there a way for him to release my case so I can find another lawyer? I'm afraid he is just wasting time and working on other cases while my case runs out then he'll drop it. Please help.

Thanks for reading this far.

averad · #2 03-22-2007, 07:01 PM

I think I know the answer to this but, what does your insurance say about all this?

hanzo723 · #3 03-22-2007, 07:16 PM

Quote:

Originally Posted by averad

I think I know the answer to this but, what does your insurance say about all this?

I got liability only.

moburkes · #4 03-23-2007, 07:51 AM

Quote:

Originally Posted by hanzo723

I got liability only.

I've never thought it was smart NOT to have at least medical payments when you have a car insurance policy. There is no way on EARTH that it makes sense for a person on a motorcycle not to have medical payments, and LOTS of it. Now you know why.

MyHouse · #5 03-23-2007, 10:09 AM

This sounds EXACTLY like the motorcycle accident I had last October. Somebody in a SUV made a left turn right in front of me and I decided to lay down the bike rather than hit the SUV. (I did hit the brakes at first and was sliding - and it was obvious that I did not have enough room to stop. I leaned hard to the right, hoping to make it into a parking lot even though I was going too fast to turn. I thought anything was better than hitting a SUV.) Anyway, the policeman that showed up did not make a report because I did not actually HIT the SUV. If he was correct, then it is apparently legal to cause an accident and not be at fault because the person you caused to wreck did not actually hit you.

While I was still on the ground, I could hear the driver of the SUV talking to people, saying he was worried because it would be "his ass" if he is at fault. (He was talking rather than seeing if I was OK.)

I wanted to talk to him about fixing my bike, but was being pestered by some woman asking me for money. Yes, after I had a motorcycle wreck, she came over to ask if I was OK, then asked me for money. She hovered all over me until I finally said "screw it" and left. I just got back on my motorcycle and went to work even though I was really hurting. I just wanted to get out of there. It felt like a bad dream.

It really sucks. Sorry about your lawyer. Maybe you could get a free consultation with another attorney and find out if the SOL has passed. If it hasn't, then you can fire your attorney and try with the new one.

I'm shocked that anyone could feel that they can determine with any certainty that you "overreacted"... The only thing that was certain is that somebody made a left turn in front of you!

ecmst12 · #6 03-23-2007, 10:14 AM

When you hire an attorney, you sign a contract, you can't just fire them and hire a new one without having to pay the first for all the time he spent on the case. The SOL is probably not up yet, it's usually 2 years. But maybe OP should try making an appointment with the lawyer to discuss the case in person, rather then just making endless unanswered phone calls.

hanzo723 · #7 03-23-2007, 05:58 PM

Thanks for the replies guys.

My lawyer responded to my email.

He said, "Your Statute of Limitations has been protected. I already filed for you." What does that mean?

moburkes · #8 03-23-2007, 06:00 PM

Quote:

Originally Posted by hanzo723

Thanks for the replies guys.

My lawyer responded to my email.

He said, "Your Statute of Limitations has been protected. I already filed for you." What does that mean?

You only have a certain amount of time before the lawsuit will be dismissed for "taking too long" to file. Based on what you wrote, the statute of limitations is 2 years, and since he filed the lawsuit within that 2 years, it will go forward.