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?"
"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)
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?