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  1. #1
    Join Date
    Feb 2020
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    north san diego county
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    1

    Default Payout on Personal Injury Settlement

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


    Hi any info would be greatly appreciated. I recently settled a car accident settlement in which the policy limit was 15/30 limit. so my lawyer took the 33% and payed my medical bills and I received the remainder. Now the other insurance agency sent a check for my property damage. Should my lawyer be taking 33% of that as well? even with it being for the cost of my vehicle. I'm not trying to short my lawyer but just curious, thank you for any help given

  2. #2
    Join Date
    Mar 2013
    Posts
    17,616

    Default Re: Payout on Personal Injury Settlement

    Quote Quoting Orion Bo
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    Should my lawyer be taking 33% of that as well?
    Depends on whether your contingency agreement included the property damage.

    Generally, though, the property damage is a separate matter from the personal injury and the lawyer would handle just the personal injury.

    What bothers me is that you received the damage check after you settled the injury claim. That suggests that there was some question of fault of which the other driver's claim rep needed convincing.

    Read your contingency agreement.

    If that doesn't answer your question, ask your lawyer.

    Or, let sleeping dogs lie.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,702

    Default Re: Payout on Personal Injury Settlement

    Quote Quoting Orion Bo
    View Post
    My question involves an injury that occurred in the state of:


    Hi any info would be greatly appreciated. I recently settled a car accident settlement in which the policy limit was 15/30 limit. so my lawyer took the 33% and payed my medical bills and I received the remainder. Now the other insurance agency sent a check for my property damage. Should my lawyer be taking 33% of that as well? even with it being for the cost of my vehicle. I'm not trying to short my lawyer but just curious, thank you for any help given
    No, your lawyer represented you in personal injury case. That has nothing to do with the insured at fault (or your insurance co.) paying a claim for your vehicle.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,712

    Default Re: Payout on Personal Injury Settlement

    Quote Quoting adjusterjack
    View Post
    Generally, though, the property damage is a separate matter from the personal injury and the lawyer would handle just the personal injury.
    It does depend very much on the fee agreement, but I disagree with the above. The lawyer would typically include ALL damages from the lawsuit in the claim and the fee would be 33% of the entire award/settlement in the matter. I know this because our firm does just that, and we aren't unique in that. Note that one could not sue the other driver twice for the same accident; the lawsuit would be one claim including all damages that resulted from it — property damage, personal injury, lost income, etc.

    Quote Quoting budwad
    View Post
    No, your lawyer represented you in personal injury case. That has nothing to do with the insured at fault (or your insurance co.) paying a claim for your vehicle.
    (Bolding added.) I do agree that if it was a payment from the OP's own insurance company that it may not be covered by the attorney's fee as that is not part of the claim against the other driver.

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