i want to fire my sorry lawyer and sue a insurance co. myself how hard is it to do . a woman backed out of a parking space while looking at a accidet and hit me. i have the police report although she was not sited for any violations, i went to the em. room and i have bills and i can not work cause of hip back injuries.
2007-04-22 20:04:31 · 6 answers · asked by malik g 1 in Business & Finance ➔ Insurance
Sure you can.
But you have several problems.
When dealing with legal issues,unless you have a good grasp of the law and all the intriacies (like depositions, filings, etc...) you could easily lose a very good case because of something you overlooked.
Another issue you run into is that insurance companies have lots of lawyers. Their lawyers can tie up legal proceedings for months, years, and even decades in some instances. So you have to have the ability to not only file motions, but to have the time necessary to negotiate, to take depositions, to go to hearing.
A lawyer is a good thing to have, and they can often get you a much larger settlement for accidents, tna you could negotiate on your own.
Remember insurance companies want to make the smallest settlement possible.... keep the lawyer, or get a new lawyer, but you want one.
2007-04-22 20:09:18 · answer #1 · answered by Adorabilly 5 · 5⤊ 0⤋
Well there are a few scenarios. If you go to other lawyers, you will find one that will represent you. Lawyers LOVE INJURY CLAIMS. However, what did your insurance carrier have to say? If they are not willing to fight for you, then that is a big blow in terms of getting the court to believe you. I don't really see why your carrier would be an issue. If the police report states that she backed out of a parking spot and hit you, then the liability should fall on her and her carrier. If it does state that, and your insurance company is still not backing you, then first, you need a new insurance carrier. I don't know the exact details of the accident, but from what you have told me, there shouldn't be a question of who's at fault; it's her!! Second, call a few local attorneys around your area, and explain the situation. If you have medical bills, and you are missing work as a direct result of the accident, then there is some good money involved, and a lot of attorneys will jump at the chance to represent you, mainly because of the retainer that they will receive.
In this situation, it might not be YOUR insurance carrier that you should be going after. HER insurance company carries the burden of liability. If they won't cooperate, then it's time to take legal action.
You don't state whether or not you have notified you carrier or not. If the other carrier won't pay up, then YOUR carrier should have your back! There is a process called SUBROGATION. This means that your carrier will pay for all your expenses up front, really just to help you out and get the ball rolling, and they they will go after the other carrier, and get their money back. If you talk to your carrier, and they act like they can't help you, tell them you want to talk to your agent, or his/her supervisor and let them know that you are a paying customer and it is within thier duty to help you. Bring up subrogation, and see what they say. They probably won't be expecting you to drop that out there, so it might get them on the right track.
If all else fails with your carrier, then get an attorney, and let them handle it. Loss of wages(missing work) is a big deal. Make sure that your carrier understands this. let them know that you have bills to pay like everyone else, and that you won;t stand for their procrastination.
2007-04-23 13:53:02 · answer #2 · answered by Brian C 1 · 0⤊ 0⤋
Sure you can. But the old adage about the person who represents themselve in court has a fool for a client is very true.
You might be better off changing lawyers. I have attended tons of small claim court hearings (I'm not an attorney) for insurance companies and they have more lawyers than they know what do with. These lawyers love being able to prove that going to law school was a smart thing for them to do, and kicking an unrepresented person all over the court room is a kick for them.
The insurance Co is going to send an attorney and you are likely to be over-matched with nobody to help you out. It is not the judge/commissioners job to assist you in any way, so don't think you will get any help or tips from them.
Good Luck and I would suggest that you reconsider handling this yourself.
2007-04-23 09:49:11 · answer #3 · answered by fighting saints 6 · 1⤊ 0⤋
People always seem to think they are going to get rich off of accidents and it just doesn't happen. Insurance companies these days will only pay twice to three times the amount of your medical bills.
A good attorney should wait until you are finished treating before even starting to negotiate with the insurance carrier. If you refuse all of the offers made by the insurance company then it goes to litigation. Once it goes to litigation it becomes very expensive as far as out of pocket expenses. Such as court costs, expert witnesses, hiring court reporters for depositions, possible expenses for IME's to prove medical damages. Insurance company lawyers are contracted by the insurance companies and they get paid by looking like they are doing a lot of work on the cases so they will keep making you incur out of pocket costs.
The bottom line is you can sue an insurance company yourself, but you are going to need a lot of money up front.
2007-04-25 14:02:07 · answer #4 · answered by Lori B 6 · 0⤊ 0⤋
Everyone wonders why insurance is so expensive.
A lady was backing out of a space and you can't work because of your injuries? How fast was she going in order to back out of a parking space? Was she in a rocket?
2007-04-23 12:25:37 · answer #5 · answered by frozenbaugh 2 · 2⤊ 0⤋
Yes you can! Hope you got deep pockets and plenty of time!
2007-04-26 21:42:30 · answer #6 · answered by DFK 3 · 0⤊ 0⤋