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> To retain an attorney or not?
Absolut Speed
post Sep 8 2004, 12:54 AM
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I know a message board is the last place to ask, but....

Most know my pit area was run over at a Solo II event and approx $1000 in damage was done. Offender refused to pay, as has insurance. Attorney I know did a favor for me and wrote a letter to the offender's insurance company asking them to do this the easy way and pay up now, or the hard way, and take the case to court. They again refused to pay. The attorney I used doesn't practice in Iowa and he referred me to someone who does for $155/hour.

I'm already out $1000, so..

Do I go alone and risk losing $1000, assuming it's a fairly simple case be it judged one way or the other?

Or do I improve my chances and hire an attorney, risk losing $1300 and at most get back $690?

When I pitted this question to the attorney that wrote the letter for me, he said it was always his advice to recommend legal counsel, especially when his insurance, who would represent him, would use an attorney.

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sgarnett
post Sep 8 2004, 05:04 PM
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Something I learned from an attorney friend:

A letter from an attorney (obviously) implies that you have retained the services of an attorney, which in turn implies a higher level of commitment on your part to pursuing the matter.

I would at least have your attorney write a letter to the guy (not his insurance company). If you decide to pursue the matter in small claims court without an attorney, fine, but the letterhead is important for that last-ditch letter.

Like Mitch said, make the guy realize that ditching his responsibility will still cost him time and money (even if he prevails).
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Absolut Speed   To retain an attorney or not?   Sep 8 2004, 12:54 AM
rmackintosh   So, a competitor lost control and ran over all you...   Sep 8 2004, 01:09 AM
trackbird   Wow. I wondered how your mess turned out. I am a b...   Sep 8 2004, 01:10 AM
Absolut Speed   QUOTE (rmackintosh @ Sep 7 2004, 08:09 PM)So,...   Sep 8 2004, 01:18 AM
Formula WS6   id have to agree with kevin. sorry to hear its com...   Sep 8 2004, 01:20 AM
KeithO   Seems like alot of lost time fooling with the lawy...   Sep 8 2004, 01:35 AM
Absolut Speed   I am occasionally tempted to park across from his ...   Sep 8 2004, 01:39 AM
trackbird   QUOTE (KeithO @ Sep 7 2004, 08:35 PM)Seems li...   Sep 8 2004, 01:44 AM
rmackintosh   ....yeah....that is a LOT different situation than...   Sep 8 2004, 02:40 AM
Jabberwocky   Man, that guy is a dillhole for not owning up to h...   Sep 8 2004, 03:55 AM
mitchntx   Before I could pass judgement, I would need to kno...   Sep 8 2004, 04:28 AM
94bird   Scott, this is the first I heard of the situation,...   Sep 8 2004, 05:01 AM
shortbus   I'd sue. He drove over it. It is his resposib...   Sep 8 2004, 05:03 AM
Absolut Speed   QUOTE (mitchntx @ Sep 7 2004, 11:28 PM)Before...   Sep 8 2004, 05:06 AM
CMC#5   Small claims court is your answer, I think. Gather...   Sep 8 2004, 05:45 AM
SuperCricket   QUOTE (CMC#5 @ Sep 7 2004, 11:45 PM)Small cla...   Sep 8 2004, 06:28 AM
Absolut Speed   I called the attorney I was referenced to. He sai...   Sep 8 2004, 02:42 PM
mitchntx   Keep in mind, you are up against convincing a non-...   Sep 8 2004, 03:18 PM
sgarnett   Something I learned from an attorney friend: A le...   Sep 8 2004, 05:04 PM
35th_Anniversary_AS_Camaro_SS   QUOTE (Absolut Speed @ Sep 8 2004, 08:42 AM)s...   Sep 9 2004, 01:12 AM
Absolut Speed   QUOTE (35th_Anniversary_AS_Camaro_SS @ Sep 8 ...   Sep 9 2004, 01:37 AM
Jabberwocky   I believe that if you sue for 1000 dollars, that i...   Sep 9 2004, 02:41 AM
Absolut Speed   QUOTE (Jabberwocky @ Sep 8 2004, 09:41 PM)I b...   Sep 9 2004, 04:22 AM
CMC#5   Excellent! Go get the bastard. I HATE when peo...   Sep 9 2004, 05:58 AM
Doug Phillips   The guy is an irresponsible idiot. Racing has no...   Sep 9 2004, 06:07 PM
mongoosez   I say- treat him like my ex-wife and kick his butt...   Sep 10 2004, 06:49 PM

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