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I was involved in a hit-and-run two years ago. I was sitting behind a stopped car waiting to turn left, and was rear-ended by a Jeep going well over the speed limit. I was 6 months pregnant at the time. The guy fled the scene, but I took his license plate and knew him because he was my neighbor. I went to the hospital because the baby became real active, and I bruised my hips and the back of my head. They didn’t really do anything for me, but checked out the baby and everything turned out fine. My car was totaled and my back hurt. I had later went to doctors for orthopedic and obstetrician care which PIP paid for, nothing too serious. I obtained a lawyer immediately. They caught the guy two weeks later and charged him. Turns out he was driving on revoked license. My lawyer tried to settle with Geico (my insurance). They uninsured driver’s wife had Maryland Auto Insurance Fund which is car insurance for driver’s with bad driving records. Geico offered 00, then 00. After about a year, my lawyer gave my account to another lawyer. I had to go through the whole spiel, telling them what happened and all. After a year with them, Geico has offered 00, and now 00 for pain and suffering. Whatever I settle on, my lawyer gets 33.13%. My lawyer and Geico adjuster are playing phone tag. I’m not happy w/my lawyer because they never call me to inform me of anything…I have to. I was pregnant during the accident and couldn’t enjoy the remainder of my pregnancy because of fear something might not be right with my baby…my previous was a miscarriage. I couldn’t get the right care (x-rays, cat scans, etc.) because of the baby coming first. The problem here is that I didn’t ask for this lawyer and want better results. The lawyer keeps talking me out of settling for 00, promising he can get me more. The thing is if he files suit, no matter what their 33.13% goes to 40%. Should I settle or move on to another lawyer, and if I do settle, would I have to pay the previous lawyer?
2 comments on this topic
17. March - 9:37 am
I know you are not going to like my answer, and I know before I start I am going to get blasted, but, take the money. All these fantastic settlements that you see on the movies and TV are just that movie entertainment The cold reality is if you and your baby are OK then there is little more you can hope for. If you think you can get more, then tell this lawyer what you will settle for, but dont hold out your hopes for a huge amount. In cases like this around $5000 is about as much as you can expect.
17. March - 9:37 am
get a new lawyer
17. March - 9:37 am
If you fire a lawyer and then end up accepting the same deal he had, you will end up paying both lawyers. If you refuse to settle and sue your insurer under the Uninsured Motorists Clause, a jury is likely to be sympathetic about not being able to "enjoy" your pregnancy, but as there was fear only and not real injury to the fetus, they will not award any damages based on that fear.