Scooter Driver Injured in a Car Accident

[Donny]

My question involves an injury that occurred in the state of: NC

Hi.

Around six months ago I was involved in a vehicle accident.I was mildly injured, but my motor scooter was totaled.

I was headed to a friends house during the night time, and a lady rear ended me from behind. I fell off my scooter, and suffered minor neck pain and road rash, but it went away. The lady got out of her car in haste asking me if I was ok. Even though I was somewhat injured, I was highly upset that the scooter I worked my a$$ off for had been damaged to the point the cops had to call a towing company to come pick it up.

Long story short, The cop told me to call the ladys insurance company and filed a report. I called the ladies insurance (USAA) and told them about the incident, and made a claim of it.

2 weeks later, the ladys insurance company called leaving a message saying " We were told there was something wrong with your lights, this is why our client couldnt see you. Please call back". I don't know how but the lady had her high beams on. I returned USAAs call to speak with someone in charge who had been out of office. I left a message, never got a response. My mom advised me to get an attorney, so I did.

The attorney advised me to go to a chiropractor, which I couldn't comply with due to my work schedule. Before we spoke she told me within a week of me signing the papers, she could get an immediate reimbursement of property and medical damages. I updated her on my situation, regarding my inability to go to the chiropractor and though she urged I go, she said it would be alright even if I didn't. I faxed over the papers, the medical bills I owe. She also said I would be reimbursed for the time I missed from work.

I called a week after everything was set up and she told me that she had sent out a letter of representation to USAA. After that, no other progress seemed to have been made, and every time i'd call, the attorney would either be busy, or away from her desk. I've sent her emails requesting updates, and left her 1 or two voice mails. She did not reply. Finally, one of her assistants got a hold of her and when I spoke to her, she said that my document was in the crux of supposedly " tons of other documents", and that she certainly would call me back before her shift ended, and if not, early the following day. No call.

Months pass, no call no nothin'. I'm at the point where I'm fed up, I have a thousand n some change bill from the emergency room and an X ray and physician bills I can not pay. I was told the ladys insurance company is legally responsible for paying for them, so I type up a letter, and send it to them. I get no response. I call them 2 weeks later and speak with the lady I spoke with the first time. She said " you have a lawyer representing you so legally i'm not supposed to talk to you".

This situation has affected me a great deal. My mom understands but she said " you shoulda went to the chiro",

I did not know that I have to " lie" about my injuries. I did suffer some deep road rash, and little neck pain, but ever since then I've been fine.

I used the scooter to get me to and from work, and for other important townly tasks. That's gone now. Now the debt collectors are calling me. I wrote the hospital telling them of my situation and they said to give them the USAA case number and they'll file a claim against them. I have done that.

Is there anything else I can do? O_o

Thanks so much for reading.

[Mr. Knowitall]

When you chose not to follow up with treatment, you effectively conceded that your injuries were minor and didn't require follow-up care. Your lawyer may not have much time for you given that you refuse to follow his instructions and have undermined the value of your case. And the insurance company is right - you have a lawyer so they cannot deal with you directly.

If your lawyer still works for you, talk to your lawyer about settling the claim.

[flyingron]

Whether the lady had her high beams on is largely immaterial. If your scooter wasn't properly lit, they will most likely disclaim fault.
Once your attorney sent a letter of representation to the insurer, the insurer is NOT going to speak to you. They can't.

Your beef seems to be entirely with whatever ambulance chasing lawyer you hired. The fact she sent you to a chiropractor first off and the fact she seems to have promised you things that there's no legal basis for is pretty clear that she's stringing you along. Further, lawyers who relegate all correspondence to secretaries are not acting ethically. Did you agree to pay this idiot something or was she going to "recover it from what you win?"

[Donny]

The contract stated she would recover a certain percentage of what I 'win'. But judging by things now it seems I wont be 'winning' anything because i'm sure a proper 'case' will never come to fruition. I'm being ignored from both sides and though MAYBE I should have gone to a chiro, its not a good feeling when your savior doesnt return emails, voice mails, and letters. I think I may have to physically go up there because I'm annoyed by all of this.

[Donny]

Just recieved a letter from the lady'ws Insurance company.

It reads..

" We have never received a complete letter of representation from your attorneys office, but they had called some months ago to state they would represent you for this accident. Additionally, at this time, we are denying liability for the accident due to your contribution to the negligence in this accident, as you were riding a motor scooter on an interstate highway at night with no taillights lit. Please have your attorney contact our office to either verify their representation or to send us correspondence that they no longer represent you"

Bogus

[jk]

did you sign a contract with the attorney? If so, go get it an read it, very thoroughly. After that, come back and let us know.

part of the problem with your situation is there is almost no money to be made by the lawyer, even if you were to win. Your personal injuries are obviously very little (relatively speaking) at the $1000 range, right? and the scooter was worth $??? I suspect all tossed together you are looking at less than $10k, right? Hard to find a lawyer willing to do very much work for 1/3 of that, or whatever you are contracted to.

Beyond that, unless they have changed the law, North Carolina prescribes to what is called the contributory negligence rule. That means if you share any fault for the accident, you cannot recover...anything.

So, if you didn't have a taillight, you contributed to the accident and as such would be barred from being awarded anything. In addition to that, there are usually restrictions concerning the size of the engine of the vehicle and being allowed to drive on an interstate highway. If you were on a restricted highway illegally, you lose for that reason as well.