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Rant / Need lawyer advice

Maximus96

Maximus96

Diamond Member
got rear-ended on freeway in front of highway patrol on 9/2003
cop filed a report and included himself as witness and concluded the other driver at fault and cause of the accident.
my car is totalled due to damage on rear - 1992 infiniti G20
the other car has damage on front end according to police report.
hired lawyer, started seeing chiro he recommended.

few months later, lawyer told me AAA (both myself and other driver uses AAA) denies my property damage claim. saying my cars damage is not a result of the accident because the other car has no damages. pic of license plate from the other car imprinted on my bumper. as a result i have to sue her in small claims court for property damage, court date = next tue, 3/30.

yesterday lawyer told me AAA now denies my personal injury claim and concluded i have no recoverable damages from this incident. he advised i sue her again in small claims, depending on the outcome of the property damage case.

i want to know if i can switch lawyers at this point. i don't feel my current lawyer is doing a satisfactory job and i feel i'm being screwed royally by AAA. any input/advice appreciated.

edit: i should clarify that the collision was around 15 mph, during morning commute hours, not the typical 65+mph freeway speeds
 
how does it work, regarding the fees, if i switch now. it was under the terms that he doesn't get paid unless i recover my damages. i've never been in such situations before so i don't know how its suppose to go. do the two lawyers work out the fees amongst themselves and the two of them get 1/3 of the settlement, if i even get any?
 
*THE FOLLOWING IS NOT LEGAL ADVICE AND I AM NOT A LAWYER*


You might have to pay your previous lawyer a reasonable amount for his "services." Since you had him on a contingent fee, your recovery might now be split 3 ways (you, your old lawyer, and new lawyer).

 
its a tough position to be in... like it was mentioned you will have to split your "winnings" 3 ways now. He has worked for you thus far so you will have to pay him no matter what. Look at it in his position, he has done work (whatever it may be) and you know that lawyers never work for free.


Good Luck
 
Get another lawyer. You shouldn't have to be suing anybody in small claimis court. Insurance companies are in the business of taking in money, not giving it out. Your current lawyer just isn't interested because the stakes aren't high enough. The new lawyer will tell you what your liabilites are before you retain him.
 
For small claims I don't know that you even need a lawyer. I was a witness during a small claims court and it was real basic.

State your case, they state theirs and the judge makes a decision.
 
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