Attorney settled without client permission?
May 10, 2011
My attorney just called and said that my settlement check should be here next week. I NEVER even knew there was a settlement offer. I certainly never accepted that number. I don’t think it’s a fair dollar. What should I do?
Assuming what you say is true, you should contact the Oklahoma Bar Association (OBA). The phone number for the ethics counsel at the OBA is (405) 416–7055. You should first contact your attorney to have him or her explain to you what is going on. The decision to settle your case is yours to make.
Waiting to file a car accident lawsuit – how long?
May 9, 2011
I felt awful for months on end after the car accident. Is it too late for me to get the other driver’s insurance company to pay for my medical bills? I also missed several months of work. Will they be able to reimbursement for that?
You didn’t actually say when the date of the accident was. In Oklahoma, the statute of limitations for car accidents is generally two years from the date of the accident. There are certain exceptions if there is a governmental entity involved. The statue limitations will also generally be longer if you were a minor at the time of the accident.
Your car accident, or personal injury claim consists of your medical treatment and bills, any lost income that you can prove, and your pain and suffering. So, if you (or your attorneys) are able to prove liability, you should be able to recover for those three things.
How long will a car accident case take?
May 6, 2011
I’m afraid the insurance company won’t do anything unless I sue them. How long will this take?
First off, the lawsuit will actually be against the at-fault driver. His or her insurance will be the one defending the case. Any jury involved won’t be allowed to know which insurance company it is let alone if the driver even has insurance. This is a very common misconception. People often assume that if they’re not told the driver has insurance, that he or she doesn’t have it. In all likelihood the driver has insurance. After all, most people can’t afford to pay car accident defense lawyers. These attorneys are generally employees, or “in-house” counsel for the insurance company.
Assuming negotiations have failed, a lawsuit will likely take at least six months to a year or more to complete. Remember that filing a lawsuit doesn’t mean that the case will actually go to trial. Cases settle all the time before going trial.
Make sure you have UM Coverage!
May 5, 2011
I’m afraid the other driver is a deadbeat and doesn’t have insurance. What should I do?
Call your insurance company, or read your policy, to find out if you have uninsured motorist coverage. You’ll also want to check to see if you have medical payments coverage.
Finding a doctor to treat your car accident injuries
May 4, 2011
My family doctor said he won’t treat me for my neck and back pain because I was in a car accident that was not my fault. He said he doesn’t want to deal with the other driver’s insurance company just to get paid. I’ve gone to him for nearly a decade, and I won’t be going back to them now. Where can I go for my injuries?
Assuming you don’t have health insurance, or your health insurance will pay, you will need to go to a doctor that will treat you on what’s called a “lien basis.” This doctor will wait until you settle your case to get paid. They will file a lien to protect their claim. Your doctor should be able to refer you to them.
Car Accident – wait to go to the doctor?
May 3, 2011
I was in an accident earlier this week. My neck and back are still hurting. The insurance company for the other driver said I need to be careful with running up high medical bills. What should I do?
You should go to your doctor! I see this all the time, but it still surprises me. If you are hurt go to the doctor. It is certainly not advisable to take medical advice from an insurance company that has opposing interests to you. Tell your doctor all of your injuries, and do what your doctor prescribes. If you wait to go to the doctor, the insurance company will likely argue that your delay in getting treatment shows that you weren’t hurt or you weren’t really “that hurt.”
Quick Car Accident Settlement
May 2, 2011
Image via Wikipedia
The other driver offered to pay me $500 immediately after the accident. My car doesn’t look that bad, so I think that will cover the damage. Should I just accept this offer and be done with it?
No! There’s no way of knowing, unless you repair cars yourself, what the damages are to your car. You also may run into problems if you’re hurt. You should call the police and report the accident.
