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  1. #1

    Angry Head On Collision - What To Do

    Hi I live in the state of Illinois and that is where the accident occured also.

    This is what happened. I live in Southern IL so it is country here and the road that the accident occured on has no lines painted on it, it is an oil and chip road. Anyways, I was heading west bound when the other vehicle came over a hill eastbound in my lane and struck me head on. I was in my lane with my right tires on the edge of the road. I went through the ditch after impact and slid back across the road facing south. When her car finally came to rest it was facing west when she was traveling east. From the 1st point of impact my vehicle stopped 60-80 ft up the road, her vehicle stopped app. 300ft up the road! I was traveling between 40 and 45 mph. After the accident I walked to her vehicle and she began saying to me "I'm sorry, it's my fault." Of corse when police arrived it was a diff story.
    I had a 1993 Chevy 4x4 full size truck and she was driving a 1995 Pontiac Sunfire, both vehicles were totalled out.
    The truck I was driving was my friends, he has Allstate insurance, and I have State Farm on MY vehicles, his and my ins are both full coverage, she had State Farm and only had liability. (she was also only 16 when this happened driving home from school) I am 25.
    Now that I have given you background info let me ask my questions and concerns....
    This happened 02/04/2006 Illinois State Police were called on the scene, she left by ambulance and I refused because they wanted me to sit in the front seat of the ambulance so I waited for my wife and she took me to the ER.
    I ended up having 2 broken feet and my neckk was injured, I am still to this day unsure what she or her passanger suffered from.
    My friend ended up having Allstate issue him a check for his truck and they have paid all of my hospital bills, they are suppose to go after State Farm to get reimberssed.
    By the way she was issued a ticket for improper lane usage.
    I hired an attorney around March 06 I believe. He hasn't done anything. Here it is August 2007 and still nothing has been done. Her ins. adjuster said that we were both at fault regardless of her ticket. She was suppose to appear on Feb 28,2006 to plea and didn't show up at least 3 times that I know of for this ticket. No warrant was issued just kept rescheduling her court date.
    After making several calls to my lawyer I finally got a letter on May 7,2007 that we are going to have to file suit. I haven't any idea why it took this long to file. Well since then I haven't heard anything. I have to keep calling in and asking whats going on with case or they just forget about me.
    His fee is 1/3 of settlement minus medical bills. My question is can I fire him and if so do I owe him anything as of right now. He only gets money if I win, and he hasn't done anything. I really want a diff lawyer because I am afraid he is going to sit on his a** and not do anything and I am going to lose this case.
    Also I was wondering if anyone had any ideas if I win about how much should I expect or of they offer me something what would be legitimate?
    I know this was long and winded but I wanted to give the whole story so ANY responses would be greatly appreciated.
    Thanks in advance!
    jordans_daddy

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Head On Collision - What To Do

    Jordan's daddy:
    Also I was wondering if anyone had any ideas if I win about how much should I expect or of they offer me something what would be legitimate?
    It is difficult to guess a settlement amount, be it legitimate or not without having all the details your attorney has obtained. I am not encouraging you to seek new counsel or to remain with the attorney you have hired by making this statement-

    if you are uncomfortable with the way your attorney communicates with you, of course you can look for new counsel. However, you pay for the new attorney to become familiar with your case.

    It may be that you just need to know that you aren't going to lose the opportunity to file against this person. So you want to ask appropriate questions of your attorney.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Head On Collision - What To Do

    Quote Quoting jordans_mommy
    View Post
    Hi I live in the state of Illinois and that is where the accident occured also.

    This is what happened. I live in Southern IL so it is country here and the road that the accident occured on has no lines painted on it, it is an oil and chip road. Anyways, I was heading west bound when the other vehicle came over a hill eastbound in my lane and struck me head on. I was in my lane with my right tires on the edge of the road. I went through the ditch after impact and slid back across the road facing south. When her car finally came to rest it was facing west when she was traveling east. From the 1st point of impact my vehicle stopped 60-80 ft up the road, her vehicle stopped app. 300ft up the road! I was traveling between 40 and 45 mph. After the accident I walked to her vehicle and she began saying to me "I'm sorry, it's my fault." Of corse when police arrived it was a diff story.
    I had a 1993 Chevy 4x4 full size truck and she was driving a 1995 Pontiac Sunfire, both vehicles were totalled out.
    The truck I was driving was my friends, he has Allstate insurance, and I have State Farm on MY vehicles, his and my ins are both full coverage, she had State Farm and only had liability. (she was also only 16 when this happened driving home from school) I am 25.Your insurance doesn't come into play unless the insurance policy of the at fault driver and/or the vehicle owner is/are exhausted. The age of the driver is probably not relevant.
    Now that I have given you background info let me ask my questions and concerns....
    This happened 02/04/2006 Illinois State Police were called on the scene, she left by ambulance and I refused because they wanted me to sit in the front seat of the ambulance so I waited for my wife and she took me to the ER.
    I ended up having 2 broken feet and my neckk was injured, I am still to this day unsure what she or her passanger suffered from.
    My friend ended up having Allstate issue him a check for his truck and they have paid all of my hospital bills, they are suppose to go after State Farm to get reimberssed. They will do so as long as the feel, based on their investigation, that the other party was at fault.
    By the way she was issued a ticket for improper lane usage. Although it wouldn't seem this way, insurance companies aren't bound by the traffic citation. Since the police officer didn't witness the accident, the ticket isn't the be-all end-all fault determiner. Just thought you should know.
    I hired an attorney around March 06 I believe. He hasn't done anything. Here it is August 2007 and still nothing has been done. Her ins. adjuster said that we were both at fault regardless of her ticket. She was suppose to appear on Feb 28,2006 to plea and didn't show up at least 3 times that I know of for this ticket. No warrant was issued just kept rescheduling her court date. Not my area of expertise.
    After making several calls to my lawyer I finally got a letter on May 7,2007 that we are going to have to file suit. I haven't any idea why it took this long to file. Well since then I haven't heard anything. I have to keep calling in and asking whats going on with case or they just forget about me.
    His fee is 1/3 of settlement minus medical bills. My question is can I fire him and if so do I owe him anything as of right now. He only gets money if I win, and he hasn't done anything. I really want a diff lawyer because I am afraid he is going to sit on his a** and not do anything and I am going to lose this case.
    Also I was wondering if anyone had any ideas if I win about how much should I expect or of they offer me something what would be legitimate?
    I know this was long and winded but I wanted to give the whole story so ANY responses would be greatly appreciated.
    Thanks in advance!
    jordans_daddy
    Even if you do let him go and replace him, you will be required to pay him, probably at his normal hourly pay, for the time that he has already spent on the case. If you have a copy of the contract that you signed, this should be addressed. When you're asking about how much money, the other party must be found at fault by the court. The next step is to figure out how much insurance they have. If they have minimum coverage, for example, it might not even pay your medical bills, let alone pain & suffering. If there isn't enough money under the policy, and your friend purchase underinsured motorist coverage, you MAY be able to recover under that. So, you'll need to have a frank talk with your attorney about your concerns.

    So, do you have any idea how much coverage your friend has and how much coverage the at fault party has?

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