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Need advice on accident lawyer

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ThomP1971

Junior Member
What is the name of your state (only U.S. law)? Texas

My girlfriend was involved in an accident about 2 years ago. She was rear ended at a stop light and the other driver was doing about 45-50mph. Her car went into the body shop for 4 months when they finally totalled it out. It was a lease car and she had to continue to make payments on it unti l it was totalled as well as she had to rent a car out of her own pocket for 3 months since her insurance would only cover 1 month. She hired a lawyer who quoted her $2000 and he stated it was a slam dunk case. Two years later she has paid him $4,000, he is stating the insurance company wants a jury trial, that it will cost her $7000 total in attonreys fees, and that she will most likely only get $5500 back from the case.... leaving her $1500 more in the hole. This does not sound right to me at all and I beleive her lawyer is full of it. I am trying to convince her not to just drop the caseand to get a second opinion fro another lawyer. to me the other parties insurance company should pay for her damages, the rental car fees, and her attorneys fees. Can someone please provide us with some feedback and possibly another attorney who will help her?
 


ecmst12

Senior Member
She isn't entitled to anything for the car, the OWNER of the car gets paid for the total loss.

If she's being represented for injuries, she shouldn't have had to pay anything up front. If it's just for the rental charges, she should have just gone to small claims court since it's not worth it to pay a lawyer for that small amount of money.
 

ThomP1971

Junior Member
Sooo....

So the $6000 down payment she put towards the lease, the money she was out for the rental car, and her lawyer fees for going to court (since the insurance company is requesting a jury trial) is to come out of her pocket? That makes no sense to me. She was hit and is not being compensated for any of her losses. Yes I know the insurance company pays the owner of the car... but for them to just take it to court to drive her out of pursuing her claim to damages should be criminal. What kind of legal system do we have here?????????????????????? If thats the case then I guess insurance companies can take everyone to trial so that they do not end up having to pay damages. Once the attorneys fees go over the damage they are asking for then they are loosing even more money. Thats ridiculous.
 

Zigner

Senior Member, Non-Attorney
So the $6000 down payment she put towards the lease, the money she was out for the rental car, and her lawyer fees for going to court (since the insurance company is requesting a jury trial) is to come out of her pocket? That makes no sense to me.
Obviously it doesn't because that's not what was said...

She was hit and is not being compensated for any of her losses. Yes I know the insurance company pays the owner of the car... but for them to just take it to court to drive her out of pursuing her claim to damages should be criminal. What kind of legal system do we have here??????????????????????
Would you prefer that the other party NOT have the opportunity to defend against this?
If thats the case then I guess insurance companies can take everyone to trial so that they do not end up having to pay damages. Once the attorneys fees go over the damage they are asking for then they are loosing even more money. Thats ridiculous.
Then she needs a better attorney - one who can recover those charges.
 

FlyingRon

Senior Member
So the $6000 down payment she put towards the lease,
What about it? That money was gone the moment she drove the car off the lot. New cars depreciate substantially in the first few feet.
the money she was out for the rental car
Four months of car rental is unreasonable to expect any insurance company to pay. What exactly was going on during all this nonsense. I've never seen it take 4 months to determine whether to total a car or not.
and her lawyer fees for going to court (since the insurance company is requesting a jury trial) is to come out of her pocket?
What law suit?
What about her OWN insurance?

There's stuff here you're not explaining (or perhaps your sister isn't giving the full story to you).
 

FlyingRon

Senior Member
So the $6000 down payment she put towards the lease,
What about it? That money was gone the moment she drove the car off the lot. New cars depreciate substantially in the first few feet.
the money she was out for the rental car
Four months of car rental is unreasonable to expect any insurance company to pay. What exactly was going on during all this nonsense. I've never seen it take 4 months to determine whether to total a car or not.
and her lawyer fees for going to court (since the insurance company is requesting a jury trial) is to come out of her pocket?
What law suit?
What about her OWN insurance?

There's stuff here you're not explaining (or perhaps your gf isn't giving the full story to you).
 

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