laywer sending check I did not agree to settlement

in Anahiem CA on 3/11/12 Rearened by taxi I was sitting still in Traffic, from my personal experiences I believe Taxi was going apx 40mph I was stopped and had been stopped for at least 60 secs or more. 1 passenger (best friend 30yrs) in front seat. We both went ot same atty refered by a friend. Both of us injured to point of un able to work for apx 5mo. We are in a physicaly demanding job.

My insurance paid my car off and said no need for deductible they are accepting liability.

atty called basicaly said they are offered 12k ea. what do think?

I said "I dont know, never been in this situation what do you think?"

"its agood deal,  you want to call passenger* .. I'll call passenger* " (* he refered to him by name)

My friend told me that when atty spoke to him atty said "They are offereing 12k, Clayton thinks its a good deal and to go for it"

Friend said "fine whatever"

"I am going ot send you a detailed list of dispersment"

Friend has not yet recieved anything from atty

next thing you know i get letter from atty says sign this paper, a liability release for taxi ins co. for the 12k for me only. I have YET to  sign this paper.

a few days later atty calls and says "did you get the check yet?"

"no?"

"We sent it yesterday with details on distribution. When you get it cash it right away, DCSS wants to put a lean on it for backchild support" (i'm 3 months behind on child support, paying but accident put me behind)

"okay?..."

he calls righ bakc and says "Better not put it in the bank, DCSS might take it form ther too... (gave some options to cash it)"

so too my point --- $12k does not even cover my lost wages let alone Chiro bills... am I correct to assume if I dont sign the paper or the check I am not consenting to that amount. At his point can I still say NO I want more b/c it still does not cover lost income and expenses. When the details of dispersment comes in I was planning on calling him on it since I know it wont be on there. The main reason for getting an atty was to get the lost wages back, I understand fees and all that but some of it is better then one of it.

I did the research later on and found that in Orange County taxi companies are required to have 1 million per accident coverage. If all the had was 25k liability then oh well its better then nothing. I am not wanting a bunch of money I just want my lost wages and Dr. bills paid. I advised the atty when I went in there of this, he has yet to ask for anything regarding pay. New at this I was assuming he retrieved tax records and I was all good.

What should / can I do?

lupuseven:

$12k does not even cover my lost wages let alone Chiro bills

injured to point of un able to work for apx 5mo

I seriously doubt you are going to get wages for five months and more than $12k for a low speed rear end accident.  Especially since the treatment you got was from a chiropractor, an industry known for fraud and prolonging treatment to increase the amount of fees collected.

If you only had soft tissue injuries treated by chiropractics there is likely NO way you are going to get lost wages for five months.  What exactly was your injury?

lupuseven:

At his point can I still say NO I want more b/c it still does not cover lost income and expenses.

You could try but I bet you would lose.  Also, did the agreement you signed give the attorney the right to settle on your behalf?  If so, then you may be done.

lupuseven:

I just want my lost wages and Dr. bills paid.

Which is reasonable.  However, the insurance company has the right to determine what a reasonable amount of medical and lost work for the severity of the injury is before making an offer. 

lupuseven:

New at this I was assuming he retrieved tax records and I was all good.

Tax records have NOTHING to do with this.

lupuseven:

What should / can I do?

Ask the attorney how that amount was calculated and why it was accepted.  Then post back.

First off thank you for the quick response

ClydesMom:

did the agreement you signed give the attorney the right to settle on your behalf?  If so, then you may be done.

its reads " (me) authorizes Attorneys to negotiate to compromise or settlementof any action herein, however, any settlement offer shal be convayed to Client for Clients acceptance or rejection thereof."

ClydesMom:

I seriously doubt you are going to get wages for five months and more than $12k for a low speed rear end accident.

Impact was enough to crumple the roof and door frames of the car, lift car and turn it apx 10deg before we hit the car infornt of me.

ClydesMom:

likely NO way you are going to get lost wages for five months. 

ClydesMom:

However, the insurance company has the right to determine what a reasonable amount of medical and lost work for the severity of the injury is before making an offer. 

I am essentially payed like a contractor, I get called for a job, complete the job, Then when there is another I get called in. The job I was going to was the last 2days of it $700. With a Job lined up for the next week, those who replaced us made apx $6k on that job. Then when we tried to go back to work a couple of months later, worked most of the Job then someone notice we were both still in pain (my friend more then I) and asked if we had med releases. We did not, so the cut us from that job (HR decision). Those who remained made an additional $2k. Plus there were others that we did not get called for because the hiring foreman assumed we were not able to work yet.

ClydesMom:

What exactly was your injury?

I forgot the Term for it but its where my neck is straight not curved. Then the back sprain, common whiplash, back spasms all soft tissue, all basicaly was painful and caused partial imobilty for the first month. After that it was certain actions. The diffenece for me is I have a High pain threshold, for exampleI have cracked my shin from a handle of a machine that we lost controll of and kept working for 4days pain was minor/moderate to me. only knew is was cracked/ broken after forced to go to doc and get x-ray after they saw the large bruise caused by it. So for me to say it hurts to much to do whatever it really hurts. Many more examples if ever needed.

ClydesMom:

Ask the attorney how that amount was calculated and why it was accepted.  Then post back.

Letter should be here today or tomorrow, if it is not in there then I will call him and report back.

Thanks again!

also did "rehab" program, basically just classes no intense PT,  through my health Insurance (Kiaser) as well as some folow up visits. They also knew it was as result of auto accident.

lupuseven:

I am essentially payed like a contractor, I get called for a job, complete the job,

This is going to be a huge problem.  You are going to need to show that you have actual lost wages.  Not potential contract jobs. 

lupuseven:

Plus there were others that we did not get called for because the hiring foreman assumed we were not able to work yet.

That won't be compensated.  If you are able to work you are to go to work.  An external employer assuming you can't isn't the driver's responsibility.

lupuseven:

I forgot the Term for it but its where my neck is straight not curved.

This won't be compensated and is a common trick of chiropractors.  The neck and spine are supposed to be curved.  Chiropractors often use this and "subluxation" as a justification for their alleged treatments.  The reality is if you look at any picture or medical illustration of the spine it is curved.

lupuseven:

Then the back sprain, common whiplash, back spasms all soft tissue

Which are minor injuries which heal quickly.  This is another problem.  Absent major trauma or significant injury like broken bones your accident is not a high dollar payout.

lupuseven:

Impact was enough to crumple the roof and door frames of the car, lift car and turn it apx 10deg before we hit the car infornt of me.

But didn't cause severe injury which is going to be your biggest hurdle.  Chiropractors are notorious for inflating their injury reports and charges.  Take what ever the chiro charged and cut it in half or 60% and that is what you SHOULD have spent for medical with an actual MD and physical therapist.  Then take what ever time the chiro told you not to work and take 2/3 off of it.  That is likely what the insurance company is doing because of the fact your supporting documentation is from an industry ripe with fraud.

There is a retired insurance adjuster who comes on the boards regularly who will be along soon to expand on what I have said and probably with more detail as to why they offered $12k.

Seems to me that you and your friend agreed to the settlement on the phone and your lawyer followed through by sending you the release and getting the check.

However I don't know why any insurance company would send the check without having the signed release in hand first. I know I wouldn't.

Also keep in mind that your share of the $12000 is likely to be only $8000 after the lawyer gets his 1/3 unless he settled for $18000 and you're getting $12000.

Keep in mind that what you net is not the amount of the settlement. It's only part of it. So, if $18,000 does cover your meds and wages, the lawyer gets a piece of that before you do.

So, which is it? Did he settle for $18000 and you get $12000 or did he settle for $12000 and you get $9000? Or did he reimburse Kaiser as well, and you get what's left?

As for the settlement amount in general, I kind of agree with CM that the insurance industry views chiropractor as practicing voodoo science, overtreating and over charging so that's a problem.

You are certainly free to send back the check and instruct your attorney to try for more money but since he's committed himself to the insurance company based on your phone conversation that might result in trouble.

Up to you.

ClydesMom:

lupuseven:

I forgot the Term for it but its where my neck is straight not curved.

This won't be compensated and is a common trick of chiropractors.  The neck and spine are supposed to be curved.  Chiropractors often use this and "subluxation" as a justification for their alleged treatments.  The reality is if you look at any picture or medical illustration of the spine it is curved.

this was a determination made by Kiaser not chiro.

that being said, i see what you are saying about the chiro and its reputation as an industry. Knowledge hopefully I wont have to use myself in the future, but will certainly inform others as the situation arrises.

Any chance

ClydesMom:

This is going to be a huge problem.  You are going to need to show that you have actual lost wages.  Not potential contract jobs. 

This shouldn't be a problem empoyer has told us that they can send us/atty the daily sheets for those jobs we were on and scheduled for. Those sheets will show pay schedule and hours for the day Straight time Overtime and Double time. Our pay is designated by time of day, and base pay rate is also regulated.

any chance of redeeming that? Like I said not looking for lottery just lost wages, missing those provable jobs alone have caused many finacial torubles. Most importantly fell behind in child support, slowly catching up and will soon. but would not have had to if the accident did not happen.

lupuseven:

This shouldn't be a problem empoyer has told us that they can send us/atty the daily sheets for those jobs we were on and scheduled for. Those sheets will show pay schedule and hours for the day Straight time Overtime and Double time. Our pay is designated by time of day, and base pay rate is also regulated.

The common practice is for an attorney to get that material from the employer in the first place and submit it to the insurance company as part of the demand package. If the lawyer didn't do that then I don't think much of the lawyer.

lupuseven:

Most importantly fell behind in child support, slowly catching up and will soon. but would not have had to if the accident did not happen.

That has nothing to do with the amount of your claim.

What you should do is call your lawyer and tell him that you've had a change of mind and discuss how to deal with the situation.

adjuster jack:

Seems to me that you and your friend agreed to the settlement on the phone and your lawyer followed through by sending you the release and getting the check.

Because he was mislead by the atty saying that I was "Excited about it and agreed..."

adjuster jack:

However I don't know why any insurance company would send the check without having the signed release in hand first. I know I wouldn't.

adjuster jack:

So, which is it? Did he settle for $18000 and you get $12000 or did he settle for $12000 and you get $9000? Or did he reimburse Kaiser as well, and you get what's left?

The letter from taxi insurance says 12k so out of the remaining 8k I must pay chiro 3k for  27 visits (I was sent copy of bill too). I dont know if Kiaser is getting a cut or not I can only assume they will. So basically I am gonna get 3 buck and cup coffee. which is why I am concerned about the Lost wages. I make alot of money in a small window of the year and a 1/3 of that window was durring the time I was out of commisssion.

adjuster jack:

You are certainly free to send back the check and instruct your attorney to try for more money but since he's committed himself to the insurance company based on your phone conversation that might result in trouble.

Up to you.

I actually never agreed, and he lied to my friend to get him to agree. Of course he could always say thats how he percieved it "excited" I was disapointed and looking back on it feel a bit like I was railroaded.

I am at a loss thats why I am here, curious about the process. I understand no one can give advice which is a good thing. I am trying to gather information and have some knowledge before I do whetever I decide to do (still figuring that out)

Thanks.

ca19lawyer2:

What you should do is call your lawyer and tell him that you've had a change of mind and discuss how to deal with the situation.

Pretty much the plan, just wanted to have some information in my back pocket first.

Thanks

Without getting into details, I have to point out that a LOT of the comments made by "ClydesMom" (whose profile indicates he/she is a non-attorney in GA) are quite wrong as it relates to a personal injury accident in Orange County, California.  I found the comment that it will be a "huge problem" for you to prove your lost earnings to be particularly absurd.

Talk with your attorney and find out how HE views your chances of getting more than the current offer.  Note that both your attorney and the other side will have at least some right to be annoyed that you originally said yes to the deal and are now apparently backing out.

ca19lawyer2:

Note that both your attorney and the other side will have at least some right to be annoyed that you originally said yes to the deal and are now apparently backing out.

I was pretty much counting on it, thats why I am here as well as tring to search legal docs w/o going to law library (for now) to have somewhat of an informed retort when and if he says "too late."

Main question though is it too late, I never did sign anything? Nor directly verbaly agreed either,.

As a general matter, an agreement to settle a lawsuit is only enforceable if it is in writing and signed by the parties or if it is made in open court by the parties or their attorneys of record.