# Looking for legal advice **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 7, 2023, 8:14pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209 "2023-08-07T20:14:18Z")\ **Posts on this page:** 19\ **Page:** 3
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 8, 2023, 8:29pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/41 "2023-08-08T20:29:39Z")
> [@TroutMan](#): > > Very fair. A year is ridiculous. I feel so. I had another accident about four years ago and the entire matter was resolved in about a month. > [@TroutMan](#): > > Are the emails you got today encouraging? The fact that I received them is encouraging. This is literally the first communication I’ve had from the trucking company since the accident. ---
**Author:** ![Mighty\_Mouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mighty_mouse/32/7776_2.png) [@Mighty\_Mouse](https://boards.straightdope.com/u/Mighty_Mouse)\ **Post date:** [August 8, 2023, 8:31pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/42 "2023-08-08T20:31:29Z")
Do you know ANY lawyers at all, even very slightly? When I needed a lawyer to fight a bogus charge, I called the attorney who handled our last home purchase and he referred me to a lawyer. No free consultation. I paid a fixed fee for him to handle the whole matter. ADA declined to prosecute. My lawyer was a former ADA. ---
**Author:** ![zimaane](https://avatars.discourse-cdn.com/v4/letter/z/a3d4f5/32.png) [@zimaane](https://boards.straightdope.com/u/zimaane)\ **Post date:** [August 8, 2023, 8:33pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/43 "2023-08-08T20:33:56Z")
I had a similar situation a few years ago, except that the amounts were smaller, and it was a private individual who hit my car rather than a business. The other driver’s insurance company dragged their feet about paying mine. Eventually it went to some kind of arbitration, and they paid up. It took a little over a year. My advice is to be patient and let your insurance company handle it. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [August 8, 2023, 8:47pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/44 "2023-08-08T20:47:10Z")
This is a quick read and worth it. This may not be your responsibility to handle. I would definitely verify this with your own insurance carrier, though. > **[Not At Fault in Car Accident: Who Pays?](https://www.amfam.com/resources/articles/understanding-insurance/auto-deductible-not-at-fault-accident)** > > Curious about paying a deductible for an accident that wasn't your fault? Learn about who pays and the subrogation process from American Family Insurance. > Your insurance company will pay for your damages, minus your deductible. Don’t worry — if the claim is settled and it’s determined you weren’t at fault for the accident, you’ll get your deductible back. ETA: > **[Subrogation and Deductible Recovery for Auto Claims](https://www.statefarm.com/claims/auto/subrogation-deductible-recovery)** > > Learn how State Farm may try to recover a claim payment when another party is primarily at fault for your damages. > When will I get my deductible back if I’m not at fault for the accident? > . > We’ll attempt to promptly recover payments we’ve made from the party or parties responsible for your loss. The time needed for recovery varies with each claim and could take up to one year or longer. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [August 9, 2023, 9:10pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/45 "2023-08-09T21:10:00Z")
Was there a police report of the accident? Were any citations issued? If so, you might go to the district or city attorney of the jurisdiction where this is located, and complain that you are seeking restitution of your deductible on your policy from the other party. My wife was in an accident in 2020, where she was t-boned by an uninsured motorist. Our insurance covered the repair costs, several thousand dollars, like in your case, less $1,000 for our deductible as well. About 9 months after the accident we received a check for $1,000 from the city where the accident occured, as the city attorney’s office sued the other driver for our deductible amount as restitution for not having insurance, along with the fine she received. ---
**Author:** ![Falchion](https://avatars.discourse-cdn.com/v4/letter/f/a88e57/32.png) [@Falchion](https://boards.straightdope.com/u/Falchion)\ **Post date:** [August 9, 2023, 10:09pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/46 "2023-08-09T22:09:39Z")
> [@Spoons](#): > > They do, at least in my case, track lawyers’ practice areas. Every year, when I renew my bar license, I have to update my practice areas—if I’m no longer practicing in an area, or no longer wish to practice in an area, I delete it from the list. I can do this at any time, in fact, not just at re-up time. So it is very unlikely that I would ever get a referral to handle an incorporation, since I have not included that in my practice areas. I’m pretty sure I don’t do that. There are voluntary “sections” in various practice areas that I can join, but you have to pay extra. > [@Little\_Nemo](#): > > So the trucking company owes me a thousand dollars and it owes my insurance company around seventeen thousand dollars. I go to small claims court to get paid the thousand dollars I’m owed. I think the issue is that the laws surrounding the subrogation of claims to insurance companies (and the recovery/repayment of deductibles) is highly state-specific and confusing. I don’t really know much more about it than that. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 10, 2023, 12:08am UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/47 "2023-08-10T00:08:05Z")
> [@Omar\_Little](#): > > Was there a police report of the accident? Were any citations issued? If so, you might go to the district or city attorney of the jurisdiction where this is located, and complain that you are seeking restitution of your deductible on your policy from the other party. I have to admit I’ve never heard of the DA’s office filing a lawsuit against somebody on behalf of a private individual seeking financial restitution. In any case, this accident did not involve any uninsured parties. (Okay, my passenger doesn’t own a car so she probably doesn’t have car insurance.) ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [August 10, 2023, 12:37am UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/48 "2023-08-10T00:37:49Z")
> [@Spoons](#): > > > [@Spiderman](#): > > > > It’s my understanding that they’ll refer anyone in good standing with the bar association; IOW, has paid their dues to the bar association & done the minimum number of con ed hrs & not necessarily a ‘good’ lawyer & that calling them isn’t much better than (in days of olde) opening the yellow pages & closing your eyes & pointing. > > Well, yes, but that’s why you say, “I need a lawyer to help me with \_\_\_\_\_.” That helps the referral service to narrow down the practitioners in your area who can handle your matter. You’re missing my point. The bar association doesn’t rank lawyers; so I’m as likely to get the name of someone who got C’s in law school & a 70 (or whatever the lowest passing grade) on the bar exam as someone who’s much, much better than that. Yes, I know I can call them but how is that materially better than googling “\_\_\_ lawyers near zip code \_\_\_”? > [@Spoons](#): > > Just like engaging with any other professional (doctor, dentist, accountant, etc.), really. The 800 number to the bar association for a referral is a handy service, but not the only way to get a lawyer. One shouldn’t have any issues asking around for a doctor, dentist, accountant, or even an estate planning lawyer as there’s no shame in those. That’s not exactly true if you were arrested for something & need a defense attorney. I’ve worked in financial services & been bonded before; certain types of charges (any type of embezzlement/financial crimes) would cause one to lose their job.as they’re not bondable. To be clear, I haven’t been arrested, nor, like a certain past president do I expect (more) charges to be filed against me in the near future. I don’t need a lawyer; it’s a purely hypothetical question - how does one go about finding a _good_ lawyer for some embarrassing reason? ---
**Author:** ![filmore](https://avatars.discourse-cdn.com/v4/letter/f/7993a0/32.png) [@filmore](https://boards.straightdope.com/u/filmore)\ **Post date:** [August 10, 2023, 1:14am UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/49 "2023-08-10T01:14:28Z")
One challenge with getting a good lawyer to take your case is that they’re probably busy with other cases. If they’re good, then they are going to be sought after. A random person off the street will need to be realistic about the quality of lawyer they’re going to get. If you call a random lawyer and they’re eager to take your case, it’s probably because they don’t have a heavy workload. You can start with a google search. Many lawyers will have reviews on google, yelp, and a variety of lawyer review website. Of course, take the reviews with a grain of salt, but you can get an idea of what kind of lawyer they are from the reviews. Do some reverse searches of their phone or address to see if they have an actual office or if they are just working out of their house. If they have a real office, then chances are they are going to be better since they are able to bring in more revenue to pay for that office. If you know anyone who deals with lawyers, ask them. For instance, anyone who has financial deals involving property often deals with lawyers, such as realtors, landlords, investors, etc. If you know someone who does that kind of stuff, ask them who they use for their legal work. Even if their lawyer doesn’t practice in the area you need or they are too busy, there might be someone in their practice who could help or they might be able to recommend someone at a different practice. Of course, cost is often an indicator of quality. A more expensive lawyer is typically a better lawyer. If you need really good legal help, you may need to really pay for it. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [August 10, 2023, 4:47pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/50 "2023-08-10T16:47:45Z")
> [@Little\_Nemo](#): > > a truck belonging to a large business backed into my car Sounds like this happened in a parking lot. These types of accidents are murky at best. Usually don’t have accident reports filed. No documentation of what happened from a third party. Do you know if there was any surveillance video footage of the accident? Without some corroborating evidence, it sounds like a he said/she said case. Not an easy case to win in a civil court. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 10, 2023, 5:40pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/51 "2023-08-10T17:40:30Z")
> [@Omar\_Little](#): > > Sounds like this happened in a parking lot. These types of accidents are murky at best. Usually don’t have accident reports filed. No documentation of what happened from a third party. > > Do you know if there was any surveillance video footage of the accident? Without some corroborating evidence, it sounds like a he said/she said case. Not an easy case to win in a civil court. A police report was filed. And I have a witness and photos. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [August 14, 2023, 6:55pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/52 "2023-08-14T18:55:42Z")
Arent we talking about the $1000 deductible? Wouldnt a lawyer cost more than that? ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 14, 2023, 8:09pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/53 "2023-08-14T20:09:23Z")
> [@DrDeth](#): > > Arent we talking about the $1000 deductible? Wouldnt a lawyer cost more than that That’s one of the issues I would have been discussing with the lawyer. If I could add the lawyer’s fees to the amount I am already owed, I’d hire a lawyer. If I was going to have to pay the lawyer’s fees out of pocket and they were going to be more than the amount I would collect, I would obviously not pursue this. All that said, I don’t feel there will be any lawyer’s fees. People in this thread have pointed out the option of using a small claims court and thereby not needing a lawyer. This is the plan I’m working on. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 15, 2023, 11:25am UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/54 "2023-08-15T11:25:35Z")
> [@Little\_Nemo](#): > > If I could add the lawyer’s fees to the amount I am already owed, I’d hire a lawyer. One of the problems with this idea is that “lawyer’s fees” can vary a huge amount from lawyer to lawyer. I was involved with a dispute post-divorce over a situation where my ex did not do something she’d agreed to do in the divorce decree. The divorce judge ordered that I could deduct my “lawyer’s fees” from my alimony payments. I probably could have found a lawyer to handle my case for the price of 6 months of alimony payments. Instead, I found the most expensive law firm in the area, called for updates daily (for which I was billed an outrageous amount), etc. I ended up spending what 5 years of alimony would have cost, so at the completion of the case (I won) I was finished paying alimony. ---
**Author:** ![echoreply](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/echoreply/32/3641_2.png) [@echoreply](https://boards.straightdope.com/u/echoreply)\ **Post date:** [August 15, 2023, 5:44pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/55 "2023-08-15T17:44:52Z")
One thing that has been touched on a bit here, but not gone into too much depth is subrogation. It may be that because the repair was paid for by your insurance company that you are now operating under the terms of your auto insurance. That might mean you have given up the ability to go after the trucking company directly. Your case may actually be against your insurance for being slow going after the trucking company to get back your $1000 deductible. In which your steps will be your state’s insurance board, or some other path which might not start with small claims. If this is the situation, then your case against the trucking company might get thrown out, because you are contractually obligated to not sue them. I am absolutely not an expert in this, and I am sure this is all information I picked up from skimming a post written by some Internet lawyer, so apologies if I’m way off in my understanding. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 15, 2023, 11:14pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/56 "2023-08-15T23:14:44Z")
I haven’t had good experiences talking with court clerks this week. I’ve read some online help guides and the posts in this thread. But I wanted to verify what I thought I knew with people who actually work in the courts. I’ve talked to two different court clerks and received completely different information from both of them. Even over basic questions like whether this is a small claim or a commercial claim, which town to file in, and what the deadline is for me to file. ---
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [August 16, 2023, 1:53am UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/57 "2023-08-16T01:53:21Z")
I think @echoreply is onto something. My fear, which might be because I have just enough knowledge to be dangerous, is that navigating the courts will prove more painful/costly than it’s worth, and there remains a very real possibility (or at least it’s something I wouldn’t rule out) that successfully filing a claim for damages could put you in a worse position than if you just threw your hands up and ate the loss of a thousand dollars. And that is even (perhaps especially) if you win. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [August 16, 2023, 11:25am UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/58 "2023-08-16T11:25:23Z")
Apparently the OP considers the grand of sufficient value to outweigh any expenditure of his time and effort. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 16, 2023, 12:18pm UTC](https://boards.straightdope.com/t/looking-for-legal-advice/988209/59 "2023-08-16T12:18:45Z")
> [@Dinsdale](#): > > Apparently the OP considers the grand of sufficient value to outweigh any expenditure of his time and effort No, it’s a sum I consider to be worth some expenditure of my time and effort. [Previous page](https://boards.straightdope.com/t/looking-for-legal-advice/988209.md?page=2)