Can my auto accident attorney really do this?
I was in a car accident in Aug, 2004.
My attourney completed the first settlement with the at-fault driver's insurance company for $25,000. He advised me to take a lesser portion and allow him to pay a greater amount toward medical bills and get them settled. He explained that, when we filed a UIM claim with my insurance company (having medical bills settled), that I would get the entire amount, less his 33 1/3% from the second claim.
I ended up with far less than he told me to expect from the first claim (and he still has 2,400 in a trust fund) but at the completion of the UIM claim, he cut me a check for "proceeds pursuant to final disbursement statement".
We were both thrilled with the final outcome.
He is now contacting me telling me that medical bills have not been settled after all (his secretary's error amongst also stating that it's my fault as well).
He tells me that I need to pay back money to the firm (and the figures have varied from $2,000 to $20,000).
Help!
Answers:
Typical low life attorney! Just like the Democrat wanna b Presidents! Is there a contract between you and your lawyer? If so read it (all of it) Tell him you want a copy of all the paper work involved with the case. Pay outs should have been verified right after the outcome. These figures do NOT change.Tell him you are going to discuss the variances from the settlement with another Attorney.My guess is they will change again this time in your favor. Note this is my opinion only. I am not a Attorney. Good luck
Find another attorney. Something isn't right here and of course from reading it, doesn't sit right with me. I, personally, don't trust many of the accident attorney's (ambulance chasers as many are called). Your attorney should have been giving you guidance on getting the medical bills settled and such before finalizing everything. Good luck!
Hopefully you got everything in writing when you first thought this case was resolved.
Either way, your lawyer should have some type of "errors and omissions" insurance, which covers his butt in situations like this, where it wouldn't be fair to anyone (except maybe the secretary) to have to return the amount.
Tell him it's his mistake and not your problem, and that you won't be returning any money. Do this via e-mail so you have written proof, and even sum up the situation before you send it. Say something like "When we settled on (date) it was agreed that medical bills would be settled and I wouldn't have to pay out of pocket. Please tell me why this has changed." This will force him to address the current agreement before telling what has changed.
Ask the attorney for copies of documentation that show you owe the firm 2K-20K before you will do anything. If after looking at the documents and things still do not jive, tell your attorney you are going to speak to the State Bar Association (In whatever State you are in) and speak to another attorney before you pay him one cent. If he does not drop the issue then follow through with your threat to ensure you are not being taken advantage of.
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