Legal Question in Personal Injury in California

Insurance company wants to settle from a hit and run

I was involved in a hit and run. There is a police report, not my fault. Car was totalled. Insurance Co gave me the settlement for loss of car. I have been in rehab for almost a year, on and off and lost wages. They gave me a figure, I told them I would forward the offer to my atty, which I briefed months ago. Now the insurance co will not talk to me, nor repeat the amount of settlement.

Should I contact my atty? Insurance Co wants proof that I missed work, even for days long ago for a company that I no longer work for. Dr says I should get a trainer for rehab...

help!


Asked on 6/19/03, 10:52 pm

3 Answers from Attorneys

Re: Insurance company wants to settle from a hit and run

Yes, you should contact an attorney. The insurance company is NOT your friend. Although they are not communicating with you now, their only interest is resolving your claim at the lowest possible amount.

However, since you are approaching a year since the accident I would move forward immediately.

With regard to missed work, it is still possible to get information and documentation from them. That can be requested on your behalf or, subpoenaed after the filing of a lawsuit.

I would be happy to discuss this matter with you if you are not currently represented by an attorney.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS (R)

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.legalwarriors.com

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 6/25/03, 3:10 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: Insurance company wants to settle from a hit and run

You need to be in contact with your attorney. They should be able to tell you exactly what the status is, what any current offers are and should be able to assist you in gathering and preparing the necessary work related documents to present to the insurance co. If you have questions about your current attorney's performance you should consult with another attorney to determine if your case has been neglected. If you are in the area and desire further consultation, please feel free to contact our office.

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Answered on 6/25/03, 3:59 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Insurance company wants to settle from a hit and run

First, something is unclear here. If you were represented, then why the insurance company gave you and not your attorney the offer? It is against the law for them to communicate with a represented party. If they have done that you should tell your lawyer.

Second, you mentioed it has been months since the offer was made. Did you try to get the information from your lawyer? Your lawyer is your friend and will protect your interests, talk to him/her. If you are being ignored then consider hiring another lawyer ASAP.

Third, statute of limitations in California for these kinds of cases is 1 year from the date of loss, provided it was before 1/1/03. If after 1/1/03, then it is 2 years. So, be careful.

Lastly, it seems that your injuries are substantial and you might need future care. So perhaps your lawyer is trying hard to get the max for you. Make sure your case gets proper evaluation. Good luck.

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Answered on 6/25/03, 9:28 pm


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