Expert: Doctor Settlement - 9/18/2006

Question
thansks for your first quick responce.ok i was driving a simi (i am a owner operator)and a suv ran through a yeild snig and broad sided me.i called 911 a troper arived at the seen,took a report and a statement from a wittness and declaired on the spot that it was no dout the other persons falt.he stated that there would be a report avalable in 5 days.I tryed to get this report and was told that at the time the offcer thought that the dammage was less than 1,000 so he did not file a report.the other person was given a ticket for failing to yeild.the offcer has the only info on the wittness,han he wont respond to my messags.His insurance co claims that i wont give them info on the wittness and am unable to provide them with a ploice report,so they are only excipting 50%.i will be having my neck fused v 6-7 on the 26 of this month.my attorney thinks that the doctors will work with the insurance co and agree on a happy middel on payment.it was 100% the other persons falt.what can i do?

Answer
First off, get that tooper's attention with a certified letter and then if he does not respond, write to his Sgt.

If your attorney does not have the balls to fight for your case, GET ANOTHER ATTORNEY ASAP.  What is your attorney doing agreeing with the insurance adjuster over the objection of his client?

I would never ever agree to anything less than 100% liability.  if your claim is not too far along, and you want better service with your attorney, then write to me and I will tell you how to get that going.  

There are professional responsibility rules regarding how he can set his fees if he has not done too much.  It might be better to fire him now, before he gets too much time into your case.

What I would be worried about is the prospect of him getting a quick policy limits settlement and trying to take a full fee when that is something you might be able to do yourself if the tortfeasor's limits are something like $25,000 to $50,000.

Why should you pay a full fee for something you can do yourself?  

On the other hand, if there is a continued liability dispute and there is a high limit and the company will not pay the full limit, then you could use an attorney.  That is because you have a VERY BIG CASE, and if the tortfeasor's policy limits are over $100,000, you need a good attorney to push your claim through to a successful conclusion.  

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCental.Com