Anyone have experience with UM/UIM case?

[aces57]

What is the name of your state? CA

I had a car accident and it was settled for $15k policy limit. But my medical bills are closer to $20k so I am pursuing a UIM case with my own insurance. How much would I be able to collect in terms of past & future medical, pain & suffering, etc.? I have a lawyer who is handling the case but refuses to tell me how much we can get or any other questions. Yeah I am thinking about firing him (as he's a possible thief... look at my other question) but is that a good idea to fire him during negotiations or wait til he gets an offer? Then I can reject it and get a new lawyer.

Just wondering how much additional money you were able to get with UIM and if it went to arbitration. Any experience with arbitration would be great too since I've never been and don't know what to expect.

 

[quincy]

What is the name of your state? CA

I had a car accident and it was settled for $15k policy limit. But my medical bills are closer to $20k so I am pursuing a UIM case with my own insurance. How much would I be able to collect in terms of past & future medical, pain & suffering, etc.? I have a lawyer who is handling the case but refuses to tell me how much we can get or any other questions. Yeah I am thinking about firing him (as he's a possible thief... look at my other question) but is that a good idea to fire him during negotiations or wait til he gets an offer? Then I can reject it and get a new lawyer.

Just wondering how much additional money you were able to get with UIM and if it went to arbitration. Any experience with arbitration would be great too since I've never been and don't know what to expect.

If you do not trust your lawyer, you can fire him and replace him with an attorney you trust - however you might find yourself having to pay your first lawyer for the work he has done on your behalf to date and possibly pay him a percentage of the new settlement that is reached (depending on facts). So, if you hire another attorney, you might be paying two lawyers instead of one.

You should ask your attorney for a detailed written accounting of the money collected and the money spent on your case so far. You are entitled to this information.

The lawyer is probably smart not to tell you how much you can get in a settlement at this point. Negotiations are ongoing.

I will let others address your main question and/or add to what I've said about your attorney.

 

[Zigner]

You are concerned that the attorney may be a thief because he hasn't passed along the additional money that was received for medical bills - and it's been a whole month.
Have a little patience. One month is not excessive in the least. Your level of concern seems to be premature at best.

 

[adjusterjack]

I am pursuing a UIM case with my own insurance.

What are the UIM limits on your policy?

UIM is an adversarial coverage because your insurance company stands in the place of the driver who didn't have enough coverage for your damages. You have to prove your damages to your own insurance company just like you would have had to prove your damages to the other driver's insurance company.

I have a lawyer who is handling the case but refuses to tell me how much we can get

He is right not to tell you. There are no guarantees. All he can do is pick a number based on your injury and costs and ask for it. That number could be between a dollar and a gazillion dollars.

or any other questions

Like what?

 

[aces57]

If I fire him, does he get % of future settlement, hourly rate or both? Cause it says in the retainer that if I terminate him, he can charge $300/hr for work he's already done. I guess I'm worried if I obtain a new lawyer who can't get me anything, I'll still owe the old lawyer $300/hr.

I think he's a thief because when I ask him how much he's paid the chiropractor, doctors, etc. he refuses to tell me. He just say he hasn't paid them yet cause he's not sure how much is owed. That's obviously not true since insurance company sent me a detailed list of the liens and how much they were negotiated down to. So why did he still write me a check that is thousands less than what would remain after all the liens are paid off? Is it normal for lawyers to issue checks to clients before they pay the liens so they have to write another check later? Seems fishy to me.

I understand why lawyers don't want to say a specific number but he could've given me a ballpark figure. When I peppered him with specific numbers he was able to say whether it would be over or under that number so he obviously has an idea of what we could get yet refuses to tell me. He just says if he tells me a number and he doesn't get it, that I'll be mad at him which isn't true at all. There were other questions like how soon would an arbitration happen if no deal is reached and he refused to answer that too! I mean what's the point of not answering that question???? The guy is very sketchy and shady to say the least. I mean would you trust a lawyer like that?

 

[Zigner]

The lawyer is probably still trying to negotiate a lower amount

 

[quincy]

If I fire him, does he get % of future settlement, hourly rate or both? Cause it says in the retainer that if I terminate him, he can charge $300/hr for work he's already done. I guess I'm worried if I obtain a new lawyer who can't get me anything, I'll still owe the old lawyer $300/hr.

I think he's a thief because when I ask him how much he's paid the chiropractor, doctors, etc. he refuses to tell me. He just say he hasn't paid them yet cause he's not sure how much is owed. That's obviously not true since insurance company sent me a detailed list of the liens and how much they were negotiated down to. So why did he still write me a check that is thousands less than what would remain after all the liens are paid off? Is it normal for lawyers to issue checks to clients before they pay the liens so they have to write another check later? Seems fishy to me.

I understand why lawyers don't want to say a specific number but he could've given me a ballpark figure. When I peppered him with specific numbers he was able to say whether it would be over or under that number so he obviously has an idea of what we could get yet refuses to tell me. He just says if he tells me a number and he doesn't get it, that I'll be mad at him which isn't true at all. There were other questions like how soon would an arbitration happen if no deal is reached and he refused to answer that too! I mean what's the point of not answering that question???? The guy is very sketchy and shady to say the least. I mean would you trust a lawyer like that?

What a dismissed/fired attorney is entitled to in the way of fees depends on the original contract terms agreed to between the attorney and client, and it depends on the facts of any settlement reached.

If a client rejects a settlement amount that has been reached through help with the first attorney and fires the attorney, and then a second attorney steps in and can only fashion the same or lower settlement amount, the first attorney can generally expect a percentage of the settlement amount accepted.

If an attorney gives a client a dollar figure indicating a possible recovery amount, it is generally a big mistake and most attorneys will not do it. The client can focus on this (estimated) amount which, in the end, may not be an amount that can be achievable through settlement or trial.

You can contact another attorney for a personal review of your case and your current attorney's work on it, to get an opinion on if your current attorney is working in your best interests.

 

[aces57]

Even if he couldn't get a single penny reduced, he still owes me over a thousand more than what he gave me. And the only lien that can be reduced (as all other liens have been reduced & agreed upon) is the chiropractor whom the law firm referred me to so I'm sure they have a pre-negotiated rate. But again he's refusing to tell me what he paid.

He also told me something that I found to be borderline crazy.... he told me to forget about my case like it never happened and go on with my life: don't ask any questions and no updates..... and that one day a money fairy will show up and hand me a big fat check. I find this ludicrous because what if they decide to put my case on the back-burner to pursue more lucrative cases and then the statute of limitation runs out? What if negotiation comes to an abrupt end due to their mistake and I lose my opportunity to switch to a savvier lawyer? What if my injuries flare up and that info could help with negotiation leverage? So I don't know how his crazy advice could possibly help me as it surely helps them since they wouldn't have me breathing down their neck keeping them accountable and timely.

Another disturbing thing..... he had no idea there was a video of my accident. So nearly a year in to my case and he was unaware of the smoking gun that pretty much wrapped up the case in my favor. The other driver lied about what happened and her insurance refused to accept liability at first until they watched the video. They accepted full responsibility and paid for repairs the very next day. So I'm suppose to put my faith in this guy?????

What's funny is he was bragging about getting me $15k and how difficult it was.... and even told me he deserved great feedback on those review sites. But from everything I've read, if your medical bills exceed the policy limit, insurance companies almost always pays out the max. Plus since he's so clueless about my case, it was probably his underlings who did all the work and he's simply taking all the credit.

 

[adjusterjack]

he told me to forget about the case and go on with my life: don't ask any questions and no updates..... and that one day a money fairy will show up and hand me a big fat check.

That's kind of how it works.

If the lawyer screws up there are plenty of lawyers who are happy to sue other lawyers for malpractice.

 

[quincy]

Even if he couldn't get a single penny reduced, he still owes me over a thousand more than what he gave me. And the only lien that can be reduced (as all other liens have been reduced & agreed upon) is the chiropractor whom the law firm referred me to so I'm sure they have a pre-negotiated rate. But again he's refusing to tell me what he paid.

He also told me something that I found to be borderline crazy.... he told me to forget about my case like it never happened and go on with my life: don't ask any questions and no updates..... and that one day a money fairy will show up and hand me a big fat check. I find this ludicrous because what if they decide to put my case on the back-burner to pursue more lucrative cases and then the statute of limitation runs out? What if negotiation comes to an abrupt end due to their mistake and I lose my opportunity to switch to a savvier lawyer? What if my injuries flare up and that info could help with negotiation leverage? So I don't know how his crazy advice could possibly help me as it surely helps them since they wouldn't have me breathing down their neck keeping them accountable and timely.

Another disturbing thing..... he had no idea there was a video of my accident. So nearly a year in to my case and he was unaware of the smoking gun that pretty much wrapped up the case in my favor. The other driver lied about what happened and her insurance refused to accept liability at first until they watched the video. They accepted full responsibility and paid for repairs the very next day. So I'm suppose to put my faith in this guy?????

What's funny is he was bragging about getting me $15k and how difficult it was.... and even told me he deserved great feedback on those review sites. But from everything I've read, if your medical bills exceed the policy limit, insurance companies almost always pays out the max. Plus since he's so clueless about my case, it was probably his underlings who did all the work and he's simply taking all the credit.

Because you obviously are unhappy with your attorney, seek out a review by another attorney.

Sometimes an attorney's personality or style of approaching a case clashes with the personality and style of the client. It is not necessarily that the attorney is doing anything wrong but rather the attorney will not be able to do anything right in the eyes of the client. It happens.

You have options. Which one you choose is up to you. Good luck.

 

[aces57]

Correction: the obnoxious person I've been dealing with isn't even an attorney at all! Found this out when I ran his name through the State Bar and couldn't locate it. I can't believe they let this uncouth jackass to deal with clients cause if he were the first person I talked to I wouldn't have signed the retainer.

Anyways I finally pulled the trigger and hired a new firm. They come highly recommended with hundreds of glowing reviews and many professional awards and accolades (including #1 in Customer Service). The first person I spoke to was an actual attorney who answered all my questions.... imagine that! So I am very hopeful moving forward.

Now gotta figure out how to get the thieves at the old firm to pay me what they owe me. Ugh.

 

[quincy]

Correction: the obnoxious person I've been dealing with isn't even an attorney at all! Found this out when I ran his name through the State Bar and couldn't locate it. I can't believe they let this uncouth jackass to deal with clients cause if he were the first person I talked to I wouldn't have signed the retainer.

Anyways I finally pulled the trigger and hired a new firm. They come highly recommended with hundreds of glowing reviews and many professional awards and accolades (including #1 in Customer Service). The first person I spoke to was an actual attorney who answered all my questions.... imagine that! So I am very hopeful moving forward.

Now gotta figure out how to get the thieves at the old firm to pay me what they owe me. Ugh.

The "attorney" you hired originally was not an attorney? Interesting.

 

[Ohiogal]

If you settled the accident for policy limits, you may not get a second bite at the apple.

 

[HighwayMan]

The "attorney" you hired originally was not an attorney? Interesting.

Sounds like an admin person at the law firm who deals with clients, at least in regards to some things.

 

[quincy]

Sounds like an admin person at the law firm who deals with clients, at least in regards to some things.

Probably. Possibly a paralegal.