My attorney dropped my case, what can I do?

by Ernesto
(Los Angeles, CA)

I was in a car accident in Los Angeles. While I was heading east bound in busy traffic, there was another vehicle coming the opposite way, from the west, ready to turn left in front of me to get into a parking lot.

Despite the traffic being very busy, she jumped into the congested line of traffic and hit my car, breaking the front part of my vehicle, part of the driver side doors, and caused some other internal damage. The police came to the scene and asked me if I want a report, I told him no, as long as she admitted that the accident was her fault.

I didn't know at that time how important it was to have a police report. I heard the police officer tell the lady that the accident was her fault. I told her all I wanted is my car fixed. The next day I called the insurance company and they told me that the lady wasn't accepting responsibility.

I decided to hire an attorney. He took the case, however, two years later he sent me a letter saying he no longer can represent my case. I'm wondering what can I do in this situation? Will another attorney accept the case? I guess it's unlikely since the first attorney dropped it. What can I do? Thank you.

Visitor Question:
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ANSWER for "My attorney dropped my case, what can I do?":

Ernesto, Los Angeles (CA):

It's unlikely you will find another attorney to accept your claim. From the facts you present, you only sustained property damage to your car. For an attorney to accept your claim you would need to have sustained personal injuries.

There really isn't a need for an attorney. You can handle the claim yourself by turning the matter over to your insurance company. Under the terms of your insurance policy, you have a contractual duty to do so.

Let them pay for the repairs to your car. They will investigate the claim. Once they find it was the other driver's negligence which caused the accident, it is likely your insurance company will "subrogate" against the negligent driver.

To subrogate means your insurance company will pursue the driver to reimburse them for the money they paid out on your behalf for the repairs to your car. Because your insurance company will likely determine the accident was not your fault, it should not be held against you for the purposes of higher premiums.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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