what should i do?

Question

ok. here it is i was in a accident may 24 i talked to a lawyer and have not signed anything, nothing. well i went to call insurance yesterday and they would not talk to me stating they can only talk to my lawyer. how could he do that when i have not signed nothing. i told insurance i only spoke to him and did not sign nothing and they said there is nothing they can do. What can i do? i am so mad, angry, and upset.

I DO NOT HAVE A LAWYER!!!

the lawyer says he is representing me to the insurance but i have not hired this lawyer or any other lawyer at this time

oh yea it was the other guys fault he hit me

Answer 1

"What should i do? Ok. here it is i was in a accident may 24 i talked to a lawyer and have not signed anything, nothing. well i went to call insurance yesterday and they would not talk to me stating they can only talk to my lawyer. how could he do that when i have not signed nothing. i told insurance i only spoke to him and did not sign nothing and they said there is nothing they can do. What can i do? i am so mad, angry, and upset."

The quick answer to your question is "Write a letter (return receipt requested) to the 1) insurance company with copies to 2) the state insurance regulatory agency, 3) the attorney, 4) the state bar association, and 5) the attorney disciplinary agency in your state."

First, depending on where you live, you do not have to sign a retainer contract with an attorney to obtain legal representation from that attorney, so be sure you didn't agree to have the attorney represent you when wording your letter. Regardless, you can fire an attorney AT ANY TIME (and generally that attorney is only entitled to fees from you for what he actually did to pursue the objectives you discussed with him-- if any).

The insurance company-- that is represented by counsel-- is just covering their backside, since they can't talk to you as long as you are represented by counsel. The attorneys must speak to each other.

So, explain that you did not retain the services of the attorney and that any further contact with the attorney is unauthorized in addressing your claim. The copies will put the attorney on notice that his services were never contracted and that his participation is unauthorized. Informing the bar association and the attorney disciplinary agency in the state also let's the attorney know you mean business and gets the ethical watchdogs of his profession involved in case he tries to act unethically moving forward.

That said, you might still want an attorney to represent your interests. If so, state in the letter that you are in the process of hiring an attorney and will have that attorney contact the insurance company shortly.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

The "legal" system is wrougt with corruption even on the seemingly lowest level. Yes it is potentially illegal and absolutely ethically wrong how the ins. co.s/shyster is behaving but the system supports it. You are being railroaded or bulldozed as it is commonly known. Apparently this lawyer contacted the ins. co.s and struck a dirty deal behind your back, realize also that this is standard "legal" proceedure.

The worst thing you can do is to in any way trust the legal system or its officers, this includes any ins. co employees.(they are licensed and technically officers too) To readily establish this as true consider the less complicated issue of property damage, your car. By "law" the party responsible for the damage must reimburse the party at loss the FULL RETAIL VALUE of such property as charged by a local and reputable dealer of the party at loss' choice. However, all that ins. co.s will offer is wholesale cost at best. Legally, you have the right to the full amount that it would cost to replace your vehicle in your local market. Go to your local car dealerships and price what it would cost to replace it, then look at your settelment amount. If CCC did the market cost analysis as is common amongst insurers its half or less. Worst of all this obviously less than adequate amount will be enforced by the court (if not properly handled, and any lawyer attempting it will destroy his/her career, you don't bite the hand that feeds you) You like many need to realize the system only considers people as resources to be exploited and manipulated by them and their abominable creations(institutions and corperations) They only make it look good on paper for us and just do what ever the hell they want because we are often dumb enough to let them.

Regardless of others advice you've accepted You can file your own case (and handle it better than a lawyer) I'll gladly assist you if your interested in real justice otherwise you'll have to settle for what they'll give you. Fighting them through them is definately stupid although exactly what they taught you to do. Its about them not you or, do you have the back-bone to prove otherwise?

ADDITIONAL INFORMATION 10/12/06

In retrospect to your issue, actions speak louder than words. Show them you have not attorned counsel by sending them a written settlement request yourself. This will screw them out of forcing you into a forum of their decptive design. This is the first step you should take as a professional or self litigant though not mandatory, not having evidence of attempting negotiations prior to filing suit will reflect poorly on you. The only draw back will be possibly low-balling the amount you could potentially receive. So just don't the first offer of a good settlement/negotiation is almost never accepted anyway, there is nothing illegal about asking for more than what is eventually accepted. There are resources available to you so you can determine a fair or starting offer that is good as any professionals. Your property damage and injury claims are seperate matters.

Oh and you should also know you actually have the upper-hand in your matter. Realize that if they don't like your offer or refuse to negotiate again going to court will cost them BIG especially before a jury. And the best part is you cannot lose! You may think 30k for trial is nothing to a corperation but, they are greedy if they have to pay you 20k more than what they feel your claim is worth they must by fiscal duty pay it, for them it is ONLY about the money so use it against them, they will and do to you.

Answer 3

whos fault was it?? and if your lawyer called the insurance company that is why they won't talk to you..but i would go ahead and hire one if you haven't allready