firing a PI lawyer?

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I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

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So if this is true, to the point of the thread, how should a diminished value claim be handled?  Diminished value claims... (more)

vansville (Feb. 16, 2017 @ 2:40p) |

BrianGa (Feb. 16, 2017 @ 3:06p) |

Most cars do not have frames anymore, they are unibody......

woowoo2 (Feb. 17, 2017 @ 11:07a) |

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What does your retainer agreement say about you firing him?

Post the contract

ach1199 said:   What does your retainer agreement say about you firing him?
  Nothing.

That being said, if the case has been filed, the attorney has the right to file a lien on the case for payment under the theory of quantum meruit.  If it hasn't been filed, you can probably fire them and ask for your file back... and they must give you your file back (at least in any state I am aware of).  However, most PI mills are run by lowlifes and expect them to threaten to put a lien on the case if you file it.  I am not aware of a lawyer suing a client for work done if there is no lawsuit... but this may vary depending on your state.

IANYL

vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

I'm not really surprised that a PI attorney doesn't know how to do a diminished value claim. If you do, you may be better off telling him that you'll do it yourself, and let him focus on the bodily injury.

Diminished value 10% of car value? (around 3-5k?) Personal Injury lawsuit 10k-100K in damages if not more.
I can see why he doesn't really care.

stanolshefski said:   
vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

  I told the lawyer I wanted to do a diminished value claim.  He told me to take it to "any car dealer" and get an appraisal.  I suggested to him I take it to CarMax because they do just appraisals and they would wholesale it and hopefully note that in the appraisal due to the fact that it has fame damage.  He said ok go ahead and do that.

I took it to one CarMax they told me there are people who do specific appraisals like this, diminished value ones, that a lawyer should send me to one of these.  I then called one of these people and told them about my lawyer and he told me my lawyer sounds clueless fire him, he told me he works with lawyers and the lawyer should send me to someone.  I then called other PI lawyers and asked them how they would handle the case and they said they have people that do diminished vale claim appraisals.

So the fact that my attorney told me "take to to a dealer get an offer" when other people (some who are not even lawyers) know a better process is concerning.

I also asked his paralegal one time about the diminished value and told her if they don't know anyone who does diminished values maybe I should call the firm who referred me to them in my state and ask them, she said yeah go ahead, followed by no she will, then by the end of the conversation she forgot all about it.

Overall this lawyer seems clueless in other areas as well.

forbin4040 said:   Diminished value 10% of car value? (around 3-5k?) Personal Injury lawsuit 10k-100K in damages if not more.
I can see why he doesn't really care.

  The loss of value is about 3k.  As for the injury, it was just some whiplash, I hardly think it will be worth 10k.  If it is, I would be thrilled. 

vansville said:   
stanolshefski said:   
vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

  I told the lawyer I wanted to do a diminished value claim.  He told me to take it to "any car dealer" and get an appraisal.  I suggested to him I take it to CarMax because they do just appraisals and they would wholesale it and hopefully note that in the appraisal due to the fact that it has fame damage.  He said ok go ahead and do that.

I took it to one CarMax they told me there are people who do specific appraisals like this, diminished value ones, that a lawyer should send me to one of these.  I then called one of these people and told them about my lawyer and he told me my lawyer sounds clueless fire him, he told me he works with lawyers and the lawyer should send me to someone.  I then called other PI lawyers and asked them how they would handle the case and they said they have people that do diminished vale claim appraisals.

So the fact that my attorney told me "take to to a dealer get an offer" when other people (some who are not even lawyers) know a better process is concerning.

I also asked his paralegal one time about the diminished value and told her if they don't know anyone who does diminished values maybe I should call the firm who referred me to them in my state and ask them, she said yeah go ahead, followed by no she will, then by the end of the conversation she forgot all about it.

Overall this lawyer seems clueless in other areas as well.

  You need an appraisal that demonstrates diminished value. Your counsel told you to get an appraisal. Did you even get an appraisal?

He seems pissed that this atty doesn't have a pet appraiser who will lay a thumb on the scales for him....

vansville said:   
forbin4040 said:   Diminished value 10% of car value? (around 3-5k?) Personal Injury lawsuit 10k-100K in damages if not more.
I can see why he doesn't really care.

  The loss of value is about 3k.  As for the injury, it was just some whiplash, I hardly think it will be worth 10k.  If it is, I would be thrilled. 

  
Shouldn't it be more like $3.141K

lonestarguy said:   
vansville said:   
forbin4040 said:   Diminished value 10% of car value? (around 3-5k?) Personal Injury lawsuit 10k-100K in damages if not more.
I can see why he doesn't really care.

  The loss of value is about 3k.  As for the injury, it was just some whiplash, I hardly think it will be worth 10k.  If it is, I would be thrilled. 

  
Shouldn't it be more like $3.141K

lol. Took me a minute to make the connection.

he is pissed cuz he thought he would get a 6 figure settlement

I would bet that the amount of grief you will end up with from firing this lawyer is larger than whatever difference in diminished value you are going to lose from him not being that familiar with diminished value. In other words, just keep him and do it his way. Next time, try and get a reputable recommendation before signing a retainer.

meade18 said:   Next time, try and get a reputable recommendation before signing a retainer.
Actually, if I had a serious BI claim, I would never hire an attorney who also offered to handle my diminished value claim. The two have absolutely nothing to do with one another.

BrianGa said:   
meade18 said:   Next time, try and get a reputable recommendation before signing a retainer.
Actually, if I had a serious BI claim, I would never hire an attorney who also offered to handle my diminished value claim. The two have absolutely nothing to do with one another.

  
Agree 100%, but this doesn't sound like a very serious claim. 

tantuti said:   he is pissed cuz he thought he would get a 6 figure settlement
  
Don't want a 6 figure settlement, but I do want the loss of value to my vehicle when I go to sell it in 2 years.  Why would I let a drunk cost me 2-3K in cash?  Id prefer to go after his insurance company, they are the ones that choose to insure a drunk.  My only crime was waiting a stop light.  Yep, I want some $$ for the loss of value.

stanolshefski said:   
vansville said:   
stanolshefski said:   
vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

  I told the lawyer I wanted to do a diminished value claim.  He told me to take it to "any car dealer" and get an appraisal.  I suggested to him I take it to CarMax because they do just appraisals and they would wholesale it and hopefully note that in the appraisal due to the fact that it has fame damage.  He said ok go ahead and do that.

I took it to one CarMax they told me there are people who do specific appraisals like this, diminished value ones, that a lawyer should send me to one of these.  I then called one of these people and told them about my lawyer and he told me my lawyer sounds clueless fire him, he told me he works with lawyers and the lawyer should send me to someone.  I then called other PI lawyers and asked them how they would handle the case and they said they have people that do diminished vale claim appraisals.

So the fact that my attorney told me "take to to a dealer get an offer" when other people (some who are not even lawyers) know a better process is concerning.

I also asked his paralegal one time about the diminished value and told her if they don't know anyone who does diminished values maybe I should call the firm who referred me to them in my state and ask them, she said yeah go ahead, followed by no she will, then by the end of the conversation she forgot all about it.

Overall this lawyer seems clueless in other areas as well.

  You need an appraisal that demonstrates diminished value. Your counsel told you to get an appraisal. Did you even get an appraisal?

  
I did get the appraisal.  A CarMax or dealer appraisal is an offer for a car.  It says nothing about what the car was worth before the accident, or how the frame damage affects the value of the car.  CarMax does not do diminished value appraisals, they only give you an offer for a car.  Same with a dealer.  If I'm the adjuster I'd laugh if a lawyer brought me a dealer offer to try and demonstrate diminished value.

CarMax, or a dealer, could offer more or less depending on if they have a lot of that vehicle in stock (or no very many in stock). 

vansville said:   
stanolshefski said:   
vansville said:   
stanolshefski said:   
vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

  I told the lawyer I wanted to do a diminished value claim.  He told me to take it to "any car dealer" and get an appraisal.  I suggested to him I take it to CarMax because they do just appraisals and they would wholesale it and hopefully note that in the appraisal due to the fact that it has fame damage.  He said ok go ahead and do that.

I took it to one CarMax they told me there are people who do specific appraisals like this, diminished value ones, that a lawyer should send me to one of these.  I then called one of these people and told them about my lawyer and he told me my lawyer sounds clueless fire him, he told me he works with lawyers and the lawyer should send me to someone.  I then called other PI lawyers and asked them how they would handle the case and they said they have people that do diminished vale claim appraisals.

So the fact that my attorney told me "take to to a dealer get an offer" when other people (some who are not even lawyers) know a better process is concerning.

I also asked his paralegal one time about the diminished value and told her if they don't know anyone who does diminished values maybe I should call the firm who referred me to them in my state and ask them, she said yeah go ahead, followed by no she will, then by the end of the conversation she forgot all about it.

Overall this lawyer seems clueless in other areas as well.

  You need an appraisal that demonstrates diminished value. Your counsel told you to get an appraisal. Did you even get an appraisal?

  
I did get the appraisal.  A CarMax or dealer appraisal is an offer for a car.  It says nothing about what the car was worth before the accident, or how the frame damage affects the value of the car.  CarMax does not do diminished value appraisals, they only give you an offer for a car.  Same with a dealer.  If I'm the adjuster I'd laugh if a lawyer brought me a dealer offer to try and demonstrate diminished value.

CarMax, or a dealer, could offer more or less depending on if they have a lot of that vehicle in stock (or no very many in stock). 

  How does CarMax's offer compare to KBB or NADA?

I think your diminished value claim goes through the property damage portion of your claim.If you have settled with them ,signing off on that portion ,you

may have a problem getting it reopened ,Or the property claim adjuster will tell you they will make it up on the P I claim .They won't .On your P I claim .Attys ,doctors

fee,all expenses  will be paid out of the settlement.Of course the attys 33-45 percent fee gets paid from the total settlement before anyone else gets paid.As far as a

discount from the attys doctors ,don't count on it being anymore then other doctors negotiate for a lump sum pay off.This is a lucrative business for these doctors they will

write creative reports for you. To get your 10 K for PI your total claim will have to be in the $50 K or more range. If you fireyour atty now he still negotiates his part of the

settlement with your new atty ,you still pay him.Your claim is only worth the at fault drivers policy limits,its the easiest way for attys to collect ,In states where it's legal to

sue them for punitive damages good luck finding a atty to file on that. It's not as easy as you think it should be .The atty actually has to do more then make a few cars

and have the para legals send off some letters and file a couple documents.I am not  an atty but have been through a similar situation recently.Vehicle was totaled on

vacation in another state by dui driver,many injuries.


 

 

vansville said:   
tantuti said:   he is pissed cuz he thought he would get a 6 figure settlement
  
Don't want a 6 figure settlement, but I do want the loss of value to my vehicle when I go to sell it in 2 years.  Why would I let a drunk cost me 2-3K in cash?  Id prefer to go after his insurance company, they are the ones that choose to insure a drunk.  My only crime was waiting a stop light.  Yep, I want some $$ for the loss of value.

  

Apparently you don't want it bad enough to seek out a company that does this professionally.  Google "diminished value appraisal" and fine someone who does this in your area.  CarMax sells cars, BTW.

 

stanolshefski said:   
vansville said:   
stanolshefski said:   
vansville said:   
stanolshefski said:   
vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

  I told the lawyer I wanted to do a diminished value claim.  He told me to take it to "any car dealer" and get an appraisal.  I suggested to him I take it to CarMax because they do just appraisals and they would wholesale it and hopefully note that in the appraisal due to the fact that it has fame damage.  He said ok go ahead and do that.

I took it to one CarMax they told me there are people who do specific appraisals like this, diminished value ones, that a lawyer should send me to one of these.  I then called one of these people and told them about my lawyer and he told me my lawyer sounds clueless fire him, he told me he works with lawyers and the lawyer should send me to someone.  I then called other PI lawyers and asked them how they would handle the case and they said they have people that do diminished vale claim appraisals.

So the fact that my attorney told me "take to to a dealer get an offer" when other people (some who are not even lawyers) know a better process is concerning.

I also asked his paralegal one time about the diminished value and told her if they don't know anyone who does diminished values maybe I should call the firm who referred me to them in my state and ask them, she said yeah go ahead, followed by no she will, then by the end of the conversation she forgot all about it.

Overall this lawyer seems clueless in other areas as well.

  You need an appraisal that demonstrates diminished value. Your counsel told you to get an appraisal. Did you even get an appraisal?

  
I did get the appraisal.  A CarMax or dealer appraisal is an offer for a car.  It says nothing about what the car was worth before the accident, or how the frame damage affects the value of the car.  CarMax does not do diminished value appraisals, they only give you an offer for a car.  Same with a dealer.  If I'm the adjuster I'd laugh if a lawyer brought me a dealer offer to try and demonstrate diminished value.

CarMax, or a dealer, could offer more or less depending on if they have a lot of that vehicle in stock (or no very many in stock). 

  How does CarMax's offer compare to KBB or NADA?

   CarMax offer is $1,700 less than the KBB. 

vansville said:   
stanolshefski said:   
vansville said:   
stanolshefski said:   
vansville said:   
stanolshefski said:   
vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

  I told the lawyer I wanted to do a diminished value claim.  He told me to take it to "any car dealer" and get an appraisal.  I suggested to him I take it to CarMax because they do just appraisals and they would wholesale it and hopefully note that in the appraisal due to the fact that it has fame damage.  He said ok go ahead and do that.

I took it to one CarMax they told me there are people who do specific appraisals like this, diminished value ones, that a lawyer should send me to one of these.  I then called one of these people and told them about my lawyer and he told me my lawyer sounds clueless fire him, he told me he works with lawyers and the lawyer should send me to someone.  I then called other PI lawyers and asked them how they would handle the case and they said they have people that do diminished vale claim appraisals.

So the fact that my attorney told me "take to to a dealer get an offer" when other people (some who are not even lawyers) know a better process is concerning.

I also asked his paralegal one time about the diminished value and told her if they don't know anyone who does diminished values maybe I should call the firm who referred me to them in my state and ask them, she said yeah go ahead, followed by no she will, then by the end of the conversation she forgot all about it.

Overall this lawyer seems clueless in other areas as well.

  You need an appraisal that demonstrates diminished value. Your counsel told you to get an appraisal. Did you even get an appraisal?

  
I did get the appraisal.  A CarMax or dealer appraisal is an offer for a car.  It says nothing about what the car was worth before the accident, or how the frame damage affects the value of the car.  CarMax does not do diminished value appraisals, they only give you an offer for a car.  Same with a dealer.  If I'm the adjuster I'd laugh if a lawyer brought me a dealer offer to try and demonstrate diminished value.

CarMax, or a dealer, could offer more or less depending on if they have a lot of that vehicle in stock (or no very many in stock). 

  How does CarMax's offer compare to KBB or NADA?

   CarMax offer is $1,700 less than the KBB. 

  You certainly have a case to be made for $1,700 in diminished value. You're going to have to work a little harder for more than that.

Mickie3 said:   
vansville said:   
tantuti said:   he is pissed cuz he thought he would get a 6 figure settlement
  
Don't want a 6 figure settlement, but I do want the loss of value to my vehicle when I go to sell it in 2 years.  Why would I let a drunk cost me 2-3K in cash?  Id prefer to go after his insurance company, they are the ones that choose to insure a drunk.  My only crime was waiting a stop light.  Yep, I want some $$ for the loss of value.

  

Apparently you don't want it bad enough to seek out a company that does this professionally.  Google "diminished value appraisal" and fine someone who does this in your area.  CarMax sells cars, BTW.

 

 I know CarMax sells cars, used to work there.  My second post states that I talked to one of these guys you told me to Google.  Apparently you didn't read anything I posted or had difficulty comprehending?  If you have anything useful to contribute like others have, please do

yaknart33 said:   I think your diminished value claim goes through the property damage portion of your claim.If you have settled with them ,signing off on that portion ,you

may have a problem getting it reopened ,Or the property claim adjuster will tell you they will make it up on the P I claim .They won't .On your P I claim .Attys ,doctors

fee,all expenses  will be paid out of the settlement.Of course the attys 33-45 percent fee gets paid from the total settlement before anyone else gets paid.As far as a

discount from the attys doctors ,don't count on it being anymore then other doctors negotiate for a lump sum pay off.This is a lucrative business for these doctors they will

write creative reports for you. To get your 10 K for PI your total claim will have to be in the $50 K or more range. If you fireyour atty now he still negotiates his part of the

settlement with your new atty ,you still pay him.Your claim is only worth the at fault drivers policy limits,its the easiest way for attys to collect ,In states where it's legal to

sue them for punitive damages good luck finding a atty to file on that. It's not as easy as you think it should be .The atty actually has to do more then make a few cars

and have the para legals send off some letters and file a couple documents.I am not  an atty but have been through a similar situation recently.Vehicle was totaled on

vacation in another state by dui driver,many injuries.


 

 

  Thank your for the reply.  One lawyer I talked to mentioned this as well.  This is the kind of information I wish my attorney would have provided from the beginning.  The car has been fixed, but I didn't sign off on anything other than at the repair place.  Not sure if that means the property damage portion has been settled or not.

I know my PIP is $2,500, I believe that pays for the first portion of the medical bills.  Then like you said, the rest of the medical bills come out of the settlement.  The lawyer does get 30% I believe.  One lawyer told me they still use a multiplier of the medical bills to get a settlement amount, by my attorney im signed on with said that's not how it works anymore. 

limerickey said:   He seems pissed that this atty doesn't have a pet appraiser who will lay a thumb on the scales for him....
  Exactly.  The private appraisers get blacklisted by the insurance companies who will actually go out of their way to refuse to settle any case that that particular appraiser is working on... just to make a point.  Sure they lose money on a few cases, but they turn that appraiser radioactive because no attorney will want to do business with him.

Crazytree said:   
limerickey said:   He seems pissed that this atty doesn't have a pet appraiser who will lay a thumb on the scales for him....
  Exactly.  The private appraisers get blacklisted by the insurance companies who will actually go out of their way to refuse to settle any case that that particular appraiser is working on... just to make a point.  Sure they lose money on a few cases, but they turn that appraiser radioactive because no attorney will want to do business with him.

  

and that is EXACTLY the type of appraisal / appraiser the OP wants. 

 

Mickie3 said:   
Crazytree said:   
limerickey said:   He seems pissed that this atty doesn't have a pet appraiser who will lay a thumb on the scales for him....
  Exactly.  The private appraisers get blacklisted by the insurance companies who will actually go out of their way to refuse to settle any case that that particular appraiser is working on... just to make a point.  Sure they lose money on a few cases, but they turn that appraiser radioactive because no attorney will want to do business with him.

  

and that is EXACTLY the type of appraisal / appraiser the OP wants. 

 

  They do the same with criminal doctors and chiropractors.

vansville said:   
stanolshefski said:   
vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

  I told the lawyer I wanted to do a diminished value claim.  He told me to take it to "any car dealer" and get an appraisal.  I suggested to him I take it to CarMax because they do just appraisals and they would wholesale it and hopefully note that in the appraisal due to the fact that it has fame damage.  He said ok go ahead and do that.

I took it to one CarMax they told me there are people who do specific appraisals like this, diminished value ones, that a lawyer should send me to one of these.  I then called one of these people and told them about my lawyer and he told me my lawyer sounds clueless fire him, he told me he works with lawyers and the lawyer should send me to someone.  I then called other PI lawyers and asked them how they would handle the case and they said they have people that do diminished vale claim appraisals.

So the fact that my attorney told me "take to to a dealer get an offer" when other people (some who are not even lawyers) know a better process is concerning.

I also asked his paralegal one time about the diminished value and told her if they don't know anyone who does diminished values maybe I should call the firm who referred me to them in my state and ask them, she said yeah go ahead, followed by no she will, then by the end of the conversation she forgot all about it.

Overall this lawyer seems clueless in other areas as well.

  tl;dr, tl;dr, tl;dr, then Overall this lawyer seems clueless in other areas as well.

So fricking fire him and get another. Why do you even have to ask?  Are you looking for approval or something?

kenblakely said:   
vansville said:   
stanolshefski said:   
vansville said:   I was hit by a drunk driver in the next state over.  I then got a lawyer In my state, who I signed with.  I then got something in the mail saying a lawyer in the state I was hit is handling my case.  I did the auto repair myself and the drunk drivers insurance fixed my car.

Now that I am done the medical stuff, I want to do my pain and suffering settlement, and also get loss of value on the car (diminished value claim on a brand new car).  THe lawyer seems clueless on how to handle a diminished value case, he told me to take it to a car dealer and get an appraisal.  From what I understand, a lawyer should have a guy who does diminished value appraisals.  I have brought this up to him but he seems all over the place and is hard to even talk to on the phone.

So at this point, I want to let him go and sign with a lawyer in that state that seems knowledgeable on this stuff.

My question, can I just fire him?  Will he bill me, or will I owe him money out of the settlement?  The healthcare clinich I went to for my treatment in my state, im assuming they work with the lawyer I signed with in my state.  And since the out of state lawyer works with them, I assume he can get the discounts I will need after the case to maximize money.  But if I sign with some random lawyer, might the healthcare clinic not give discounts and this can hurt my payout?

Anyone have any idea how this works?  Would you advise me to let him go and get a new lawyer based on what I said, or let him try to negotiate a settlement, then if I don't like it, then let him go and try hire someone else to take over?

  So let me get this straight. You're upset that they lawyer told you to get an appraisal in order to establish diminished value. Is that correct?

  I told the lawyer I wanted to do a diminished value claim.  He told me to take it to "any car dealer" and get an appraisal.  I suggested to him I take it to CarMax because they do just appraisals and they would wholesale it and hopefully note that in the appraisal due to the fact that it has fame damage.  He said ok go ahead and do that.

I took it to one CarMax they told me there are people who do specific appraisals like this, diminished value ones, that a lawyer should send me to one of these.  I then called one of these people and told them about my lawyer and he told me my lawyer sounds clueless fire him, he told me he works with lawyers and the lawyer should send me to someone.  I then called other PI lawyers and asked them how they would handle the case and they said they have people that do diminished vale claim appraisals.

So the fact that my attorney told me "take to to a dealer get an offer" when other people (some who are not even lawyers) know a better process is concerning.

I also asked his paralegal one time about the diminished value and told her if they don't know anyone who does diminished values maybe I should call the firm who referred me to them in my state and ask them, she said yeah go ahead, followed by no she will, then by the end of the conversation she forgot all about it.

Overall this lawyer seems clueless in other areas as well.

  tl;dr, tl;dr, tl;dr, then Overall this lawyer seems clueless in other areas as well.

So fricking fire him and get another. Why do you even have to ask?  Are you looking for approval or something?

  Does trying to find out if I will owe him money equal approval to you?  The last time I checked the point of a claim was to get compensation (and most people prefer more money over less money).  Also, last time I checked forums were for getting advice on topics you know little about.  You seem angry over a thread on the internet, very strange.

Crazytree said:   
limerickey said:   He seems pissed that this atty doesn't have a pet appraiser who will lay a thumb on the scales for him....
  Exactly.  The private appraisers get blacklisted by the insurance companies who will actually go out of their way to refuse to settle any case that that particular appraiser is working on... just to make a point.  Sure they lose money on a few cases, but they turn that appraiser radioactive because no attorney will want to do business with him.

  So if this is true, to the point of the thread, how should a diminished value claim be handled?  Diminished value claims are a thing, its not something I made up.  I could care less who appraises it, I want compensation due to the fact my new car has frame damage and I won't be able to sell it as much as I would have had I not encountered this drunk.  If wanting compensation makes me an asshole, then I definitely am one.

 

vansville said:   
Crazytree said:   
limerickey said:   He seems pissed that this atty doesn't have a pet appraiser who will lay a thumb on the scales for him....
  Exactly.  The private appraisers get blacklisted by the insurance companies who will actually go out of their way to refuse to settle any case that that particular appraiser is working on... just to make a point.  Sure they lose money on a few cases, but they turn that appraiser radioactive because no attorney will want to do business with him.

  So if this is true, to the point of the thread, how should a diminished value claim be handled?  Diminished value claims are a thing, its not something I made up.  I could care less who appraises it, I want compensation due to the fact my new car has frame damage and I won't be able to sell it as much as I would have had I not encountered this drunk.  If wanting compensation makes me an asshole, then I definitely am one.

 

  https://www.fatwallet.com/forums/finance/880666

vansville said:   
Crazytree said:   
limerickey said:   He seems pissed that this atty doesn't have a pet appraiser who will lay a thumb on the scales for him....
  Exactly.  The private appraisers get blacklisted by the insurance companies who will actually go out of their way to refuse to settle any case that that particular appraiser is working on... just to make a point.  Sure they lose money on a few cases, but they turn that appraiser radioactive because no attorney will want to do business with him.

  So if this is true, to the point of the thread, how should a diminished value claim be handled?  Diminished value claims are a thing, its not something I made up.  I could care less who appraises it, I want compensation due to the fact my new car has frame damage and I won't be able to sell it as much as I would have had I not encountered this drunk.  If wanting compensation makes me an asshole, then I definitely am one.

 

  Most cars do not have frames anymore, they are unibody......



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