Is It Too Late to Get an Attorney Involved

[CantSleep]

This is in Texas:

Back in January I was smashed by a hit and run driver. Probably a drunk driver too since it was so late at night. I was initially in pain for about a day after the accident. I was un-certain about going to the hospital because since it was a hit and run, it seemed ineveitable that he'd been insured. Prior to this, I had medical bills from 2 other hospitals so I was wary of racking up more.

Well, long story short...Filed a police report and after 3 weeks of 'tracking' the license plate down, going to leasing office to find out what apartment he lived in, mediation court, etc...turns out he had insurance at the time. But claims someone took his car during the night while he was sleep. (*coughs* bullshit)

Well, insurance company has taken since March 9th to give me an answer that the claim is denied. Reason being, is they are taking the word of the driver (who could not even generate a f-ing police report) that he was not driving that night.

When all this happened, my worst fear was that he would be un-insured. And now that he is...it disgusts me that someone can say, "I wasn't driving...wasn't me, and they believe and take his word...yet he cant even say who was driving!"

Im asking the Lord for strength not to walk over to his house (again) and bust him in the face for lying and trying not to take responsibility for making me go thru all this crap!

And I know in Texas all these drunk Mexicans be hitting and running. It boggles me that insurance is dirt cheap here yet in Florida its through the roof yet people here drive higher than a kite, all drunk...and the insurance companies dont give a damn.

So here I am, all ****ed up...my rear wheel is bent in at a 45 degree angle and no idea what to do. What additional steps could I take from here? Is it too late to get an attorney involved?

[LawResearcherMissy]

No, it's not too late to get an attorney involved.

You probably should have done that sooner, truthfully.

[CantSleep]

No, it's not too late to get an attorney involved.

You probably should have done that sooner, truthfully.

This whole thing has been put off and put off...and I just feel hopeless. I know thats a bit dramatic, but after 3 months...not a single repair, how can you blame me?

Today, an attorney's assistant called me, and then when I told her I didnt go to the hospital that week even though I was in pain," because it was a hit and run driver...everyone around me kept saying, "he ran, he doesn't have insurance". So I didn't want to go rack up more bills that I knew I probably wouldn't be able to collect on." she just said, "well we cant help you then, goodbye"

So now I feel no attorney's are going to help me because I wasn't rushed to the hospital in pain...even though now I still feel intermittent effects of the accident in my neck area, not to mention the car.

All this is so frustrating, and his insurance wants me to chase him down in small claims court. I'll kick his ass in front of the judge when I win it

[CourtClerk]

Why exactly isn't your insurance company covering your damages?

[CantSleep]

Why exactly isn't your insurance company covering your damages?

At the time I had basic liability. So there wasn't much I could do. Being that Im 22...every little perk I had increases my insurance rate.

His insurance company was supposed to help since he hit me, but they are giving me a lame excuse as to why they cant.

In addition, it is too late to get an attorney I called another one today, and they said that since I didnt go to the hospital to recieve treatment, they cant really go after property damage.

Thats why i really regret not going to the hospital. I was definently in pain, but since it was a hit and run, everyone kept telling me..."he doesnt have insurance, etc."

[LawResearcherMissy]

everyone kept telling me

Next time you're involved in a situation that you should go to the hospital for, tell "everyone" to shut the hell up, because last I checked, there has not been ONE confirmed, legitimate psychic in the US.

Keep calling around. Just because one attorney says they won't help, doesn't mean no one will help.

[CantSleep]

Next time you're involved in a situation that you should go to the hospital for, tell "everyone" to shut the hell up, because last I checked, there has not been ONE confirmed, legitimate psychic in the US.

Keep calling around. Just because one attorney says they won't help, doesn't mean no one will help.

LOL, exactly. Makes me want to just stop discussing the issue with close friends and family period!

I'm just not sure what route to go with an attorney. Most accident attorney's are injury lawyers or personal injury protection lawyers. Most of them want to see proof of medical bills, ect. to look at.

[KeyWestDan]

By failing to go to the hospital, you have basicly given up any right or ability to be compensated for any injury. Without personal injury, no personal injury attorney is going to take the case on contingency. There are no provable damages. As it is, there are not much in the way of damages and nothing you can really prove at this point.

The only damage is to your vehicle. No civil action is going to result in enough money to make a case worthwhile for an attorney.

You only had liability insurance, thus your insurance company is off the hook and does not owe you a cent.

Of course the other insurance company is going to believe their client unless there is overwhelming evidence against him, but even then they might make you prove it in court.

You have to sue the owner of the other vehicle. You can do that in small claims court. A proper line of questioning will show the other car owner is lying about not driving that night. It would help to have an attorney certainly, but if you study up you could probably do it yourself.

The other owner might be defended by his insurance company, but if there was an unauthorized driver (which is what he is saying) then it is possible his insurance will not defend him.

Did the police inspect his vehicle? Did they take pictures? Did they do any investigation? Was there any evidence the car was stolen? Where was it found? Was it back in his driveway or what? Did the police do an investigation into car theft?

IF the accident had enough impact to do the damage you said, how on earth was the other vehicle able to drive away? Does someone else have a key? If someone else has a key, one could make an argument that person is an authorized driver, and thus the car owner is responsible for the damages to your vehicle.

How many car thieves return the vehicle to the owner's house? (If that was the case.) I mean, you should be able to pick apart his story and then it is up to the judge who to believe.