Legal Question in Civil Litigation in California
A lawyer was handeling my automobile pesonal injury case in which the doctor's bill and property damage combined came to $10,000. My car was rearended. A year after the accident the lawyer calls me and tells me that the total offer was for $8,000. He also told me that because they could not find the driver that hit me (even though I had supplied all neccessary information) a law called Phantom Driver uninsured motorist precludes me from collecting for the property damages. I researched the law and found out that law does not apply to my case. Is my lawyer conspiring with the insurance company trying to defraud me? If so can I sue him?
3 Answers from Attorneys
The chances are that the lawyer is not conspiring with the insurance company; it is more likely that the attorney or insurance company are mistaken, or that your reading of the law may be missing a portion. I advise to seek out another attorney in your area.
It sounds more like you have a lazy lawyer who doesn't know what he or she is doing. It sounds like there is a dispute and your lawyer just wants to take an easy settlement, rather than go through litigation.
I doubt the lawyer is conspiring with the insurance company.
This being said, it makes no sense to get an $8000 offer and - at the same time - have a claim that underinsured/uninsured doesn't kick in. Where did the offer come from?
It sounds like there is one very big misunderstanding.
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