Personal injury due to car accident that was the other drivers fault; should I be paying the co-pay out of my pocket or should my car insurance be paying it?

Question Details:

I was in a car accident with 2 passengers with in my car. The police said the other car was at fault. My passengers and I have seen a lot of doctors and have used our own insurance and payed the co-pay (which I know I will get back eventually). Should my attorney fronted us some money?

Asked 11/18/2009 under Auto Accidents | 226 View(s) | More Legal Topics

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Auto Accidents Law Answers

Your attorney should not be giving you any money as a loan against a possible future recovery.  The contingent fee agreement that you almost certainly signed here is the most that an attorney can do for you, the way most lawyers view their ethical obligations.  For example, suppose the loan was $10,000, and the defendant offered a $25,000 settlement; settlement offers are almost always somewhere in between the best and worst possible trial results.  If the attorney was worried about getting less than $15,000, he'd want to settle, because that would be in his best interest, even if it wasn't in yours, and this is why it usually isn't done.

Keep receipts and records, for whatever you do have to pay out-of-pocket here.  Your attorney will need that, to prove your damages.

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