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HELP, legal advice


Guest Nic-Rebel450CA

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Guest Nic-Rebel450CA

Well, as many of you know, I was in an accident in my Z, and I decided to get an attorney to help make sure I got the most money for my car. So I decided to hire the same attorney group that handled my motorcycle accident so well. The figurehead, and my primary contact will be refered to as "He". I realize that it is a group that is involved, but I will refer to them as a singular "He".

 

The problem I am having is He doesnt seem to be doing as well as He did with my motorcycle accident. First mistake was that he decided to bluntly tell me that my car isnt worth very much because it is 36 years old (not really a detrimental mistake, but not very compassionate). Second mistake was that He may have tried to settle without my knowledge (which apparently He has been sued for in the past). He told me that the other insurance company offered me $XXXX.xx and that He thought that was fair. When I said I didnt agree, He said "well, then in that case, if you receive a check in the mail for (that amount) dont cash it and send it back". This made me suspicious because I believe that would mean that He would have had to have told them that that was acceptable. Sure enough, the check was received, and was actually postmarked before the date that He and I even discussed it. When I question him, He told me that they (the other insurance company) must have sent it without even asking first if it was an acceptable amount, and that "it happens all of the time" (sounds like BS).

 

Then, I was discussing with Him about needing to get some of the money from the settlement (such as lost wages) and He told me that I cannot get any money except property damage until the case is settled. Furthermore, He told me that I cannot settle everything except for medical and leave the medical open. (It is my understanding that California law provides this right, but I dont know the specifics).

 

Am I getting jerked around? Should I be able to receive settlement money with the medical still open?

 

Thoughts, comments?

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Guest dpiatkin

get another lawyer imediately !! for a small cosultation fee, if any, you can see if youre being scr#wed by your current lawyer.... If you have receipts for mods made to the car that may help with the property damage "Amount" in the settlement...... But get another lawyers opinion for small fee or for free, even call local bar association and ask if this is "common pratice" etc......Good luck !

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It is probably different in the US, but I know here in Canada, you can make an evaluator evaluate the value of the car for a 50$, and he will tell you how much your car worth. Tell him that your car is a collection car and not an old rust bucket !!! Good luck !!

Dayz

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Guest Nic-Rebel450CA

Ya, my girlfriend's Dad has a buddy that collects cars and does appraisals and he is doing an appraisal for me for free. That will help with that part, but I think I will need to secure another attorney to see if this guy is jerkin me. I was just thinking, I should have asked him, "if they sent the check without approval, then how did you know the exact amount of the check and that it would be coming?" I'll have to ask him next time I talk to him, I always think of the good questions too late. :roll:

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I'm in the body shop business and you need to get a couple appraisers to put a $ amount on your Z. Make sure you have all reciepts for any thing you have done, Let the appraiser know of any difficult mods that requre extensive labor. These are nich cars and not everyone shares our love for them. I went thru this about 10 years ago when my 76 was totaled by an idiot in a Saturn. At that time I believe mine was valued over 6,000.00 just for the car. Also when this is all said and done Retain the salvage. In other word keep your car. They will not charge you much for this, generally under $500.00. You will be able to remove alot of your upgrades & bolt on's to transfer to the next Z. Second get another opinion from a different attorney. Third make sure you do not sign anything till you get this sorted out. Rick

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