Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:01/03/2024

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I was the victim of a car crash in 6/2001 and GWC assigned attorney **************************** to my case. She did not want to file a lawsuit because she said it would it would save me time and money. **** wanted to settle with the defendant driver's insurance for the maximum he had which was $25,000. I had to heavily modify the proposed settlement because the one she wanted me to sign would have eliminated all of my rights to pursue any further action in this case, including pursuing my own under-insured coverage, while leaving me open to suit from the at-fault party. At this point, we are trying to get the under-insured coverage amount from Geico. The amount should be $300,000 because that is my policy even though **** says it should be $275,000. It is past the law suit filing deadline, and her not filing has not saved me any time or any money. Not filing has made it not possible for me to get a loan at ***********************; they said a lawsuit would have needed to be filed. She also wants to go to arbitration which I have already said I don't want to do. I have had to request my own medical records myself even though she or her secretary was supposed to do this. I have already complained to ****** Cairo and ************************* who I assume are managers at GWC. I requested a different attorney and so far I have not received one or even told when or if I would be getting it.

  

  Business Response

  Date: 01/11/2024

  I am sending this letter in response to the complaint filed by a client of this law firm, ************************  While I do not concede that the BBB has any jurisdiction to compel a response regarding a client complaint, I am happy to do so in order to put this frivolous matter to rest.  
  
  Having read the file and **************** charges, I can categorically deny that her charges are accurate at all.  Moreover, I can assure your organization that ************************* has done an exemplary job handling this case and protecting the interests of ***************  Addressing the primary points in her complaint requires a short explanation of Bodily Injury claims against tortfeasors/responsible parties and of Insurance Contract claims under an injured partys own Under-************************** which is commonly referred to as *** coverage:  In order to make a claim under the *** provisions of a policy, the claimant must give the *** carrier the option of (a) authorizing the claimant to RELEASE the responsible party, accept their insurance money and proceed against the *** carrier for the balance left on the *** policy; or (b) instructing the claimant to NOT release the responsible party because the *** carrier wants to subrogate their interests and seek recoupment of money that they have to pay out under the *** policy.  In such an instance, the *** carrier will advance payment to the claimant in an amount that was actually offered by the responsible partys carrier, it will negotiate the balance of the *** policy limits with the claimant, and it will prosecute its own case against the responsible driver in an effort to limit its overall financial liability in the case.  *** carriers typically only do the latter option (b) if the responsible party has assets out of which the *** carrier feels that it can recoup its payments from the responsible partys insurance policy and their personal assets. 
  
  As far as *** claims are concerned, the limits of a *** policy designate the maximum amount of value that a policy holder/covered person can get in a claim prior to the *** carrier having no more liability for coverage. It is not the amount of money that the *** carrier will potentially have the legal responsibility to pay.   In other words, if a policy holder has a $300,000.00 *** policy, and the responsible driver has a $100,000.00 bodily injury policy that is offered, then the maximum that a policy holder can ever get under their *** policy is $200,000.00.  [the total $300,000.00 policy less the $100,000.00 policy limits received from the responsible partys carrier}.  In the claimants case, her $300,000.00 policy maximum is reduced by the $25,000.00 that was received as a result of the payment of the responsible drivers $25,000.00. Thus, the maximum amount that can be collected from the *** carrier would be $275,000.00, if that was the only credit against the *** policy.
  
  Medical Payments Coverage [***] is a policy entitlement to have ones own automobile insurance carrier pay for the medical bills of the vehicles occupants up to the limits of the *** policy provision.  In this case, **************** carrier had a policy that would pay up to, and did pay, $10,000 in *** benefits.  Those benefits are a subrogated interest and, therefore, the *** carrier gets a set off for the *** benefits it paid.  This further reduces the *** coverage amount by another $10,000. Thus, **************** $300,000.00 *** policy can be used to procure a maximum payout of $300,000.00 - $25,000.00 - $10,000.00 = $265,000.00.  There are no other available insurance funds from which to make a claim or procure monies for her.
  
  Lastly, *** claims are prosecuted pursuant to the terms and conditions of the automobile insurance policy contract applicable at the time of the occurrence. All *** policies dictate that any claims brought under the terms of the *** portion of the policy must be done through the arbitration process.  Filing a lawsuit against ones own insurance company to negotiate a *** case is simply not allowed.  Thus, the only option available to resolve a dispute between a claimant and their insurance company is via the arbitration process, whether an insured claimant wants to arbitrate their claim or not. 
  
  With the above understanding of how *** matters work, my comments are as follows:

  ********************* has practiced law for nearly 10 years with my firm and has always done an excellent job on behalf of those clients that she has represented.

  **** did not at any time advise ************** that **** did not want to file a lawsuit to save time or money, although that is the practical effect of her legal representation of this client.  The fact is that **** was able to settle the claim, with the full knowledge, authority, and agreement of ***************  **** settled the case for the entire $25,000.00 policy limits that the responsible driver had covering the vehicle at the time of the collision.

  **** ensured that there was no other sources of insurance or liability by procuring Affidavits from the tortfeasor and their liability carrier.  [see attached Affidavits]

  Only after she was satisfied that there were no other sources of income from the responsible party did **** recommend that ************** settle the underlying bodily injury case against the responsible driver and their carrier for the $25,000.00 policy. And ************** agreed in writing to do so.  [see attached Directive to Settle signed by complainant]

  Prior to finalizing a settlement, **** ensured that **************** *** carrier would authorize settling the case against the responsible driver and their carrier. Permission from the *** carrier is an absolute prerequisite to being able to settle a bodily injury claim against the responsible party and then prosecute a *** claim against ones own carrier.  

  Only after **** received the authorization to accept the $25,000.00 policy offer from **************** *** carrier, which would release the other driver and their carrier from further liability, did **** actually consummate the settlement of the case against the responsible party.  

  ************** did not have to heavily modify the proposed settlement.  

  The statute of limitation against the responsible party has passed with a full policy settlement and ************** has zero potential for any liability to this party as the statute of limitations has passed for any of that individuals claims against ************** as well.  There is no merit to this claim.

  As explained above, **************** *** carrier is NOT liable to pay, under any circumstances, any more than its maximum policy limits of $300,000.00 less the $25,000.00 policy limits paid by the responsible drivers carrier less the *** benefits paid of $10,000.00, which totals a maximum of $265,000.00. 

  *********************** has not refused to make another loan to ************** because of the lack of a lawsuit.  This is simply completely inaccurate.  If ************** wants to get another loan, she has a very strong *** claim that can be used as collateral for the loan which is obviously far more potentially valuable than the $25,000.00 policy that was in existence against the party that she ultimately settled with.

  Despite **************** desire to file a lawsuit against her own carrier, her legal rights are based on the contract that governs their relationship. That is her policy.  And her policy, like all *** policies, requires arbitration should negotiations prove unsuccessful.  NO exceptions.

  As far as ordering medical records: GWC ordered **************** records, and like all clients, GWC asks clients to send us any records and bills that they have in their possession to expedite the review process; and if we have issues procuring records from one of their doctors, then we may ask them for assistance getting the doctors to send us copies of the same.

  The demand and evidence to date is currently under review by the *** carrier, and negotiation is pending their reply. 

  Potential arbitration was explained to ************** only in the event that *** negotiations were unsuccessful, in order to follow the guidelines of her policy to resolve any potential dispute.  

  ************** has thanked **** and ***** GWC colleagues at various times throughout her representation, as **** and her colleagues have discussed and explained this process and **************** options to her on more than one occasion. 
  
  The above was explained to ************** by more than one attorney at GWC at least once, with some information more than once.  All actions on **************** case were done with her full knowledge.  Demand to Geico has been made within terms of the policy as outlined above.  GWC continues to provide exemplary legal services and we are close to resolving her *** claim which was delayed primarily due to her continued treatment for her injuries. 
  
  If there is additional information that is deemed necessary, please advise.
  
  Respectfully:
  
  ************** Cairo
  Owner/managing partner GWC Injury Lawyers LLC

  Customer Answer

  Date: 01/20/2024

   
  Complaint: 21094869
  
  I am rejecting this response because:

  I have attached PDF of email showing **************************** telling me that not filing would save me time and money.

  I have also attached the proposed settlement agreement that is titled Bodily Injury Only Release, which I was given without modifications by ****, but I had to heavily modify to protect my own rights before signing off.
  

  I do not agree with the amount $265,000 as being what is available on my UIM policy but I am willing compromise to simplify and expedite resolution.
  

  
  Sincerely,
  
  ***********************

  

  Business Response

  Date: 01/23/2024

  In response to **************** reply, I wish to add the following information:
  
  "I have attached PDF of email showing **************************** telling me that not filing would save me time and money."

  The statement that not filing a lawsuit would save time and money is a FACT that would necessarily result from the settlement that was reached on her behalf.  There was no additional money that she could have reasonably anticipated if she filed a lawsuit and pursued the claim against the other driver.  My office simply got the absolute maximum amount of insurance coverage available. Had **** filed a lawsuit, the filing fees and service of process fees are @ $500.00.  Depositions are @ $500.00 each.  Medical records would be subpoenaed by the defense and we would have to order an identical copy of whatever they received, at more costs. All of these costs would have to be reimbursed out of the net recovery of **************  And the filing, depositions, etc. would all take more time to accomplish.  Instead, ********************* procured the maximum insurance policy offer, saving time and money. An ABSOLUTELY FACTUALLY CORRECT STATEMENT,regardless how ************** wishes to spin it.
  
  "I have also attached the proposed settlement agreement that is titled Bodily Injury Only Release, which I was given without modifications by ****, but I had to heavily modify to protect my own rights before signing off."

  The redactions were of no consequence, which is why the insurance company summarily agreed to them.  Regardless, how it this fact worth wasting the time of the BBB, my office or ***************  It is of no consequence and caused no inconveniences or damages to anyone.  Why is the BBB still asking about this?

  "I do not agree with the amount $265,000 as being what is available on my UIM policy"
  

  Well, it is totally fine that ************** disagrees with the terms and conditions of her policy of insurance and the law of ********. We are all *********** our opinions, but she is simply 100% WRONG!  Moreover, she has already authorized my firm to lower her demand to $250,000.00, making her erroneous belief that she is *********** the entire $300,000.00 maximum of her UIM policy totally a moot issue.  She can no longer complain that she wants to get $300,000.00 when she had instructed us to demand $250,000.00. 
  
  We have addressed all issues raised by this client in an effort to hopefully persuade the BBB, and **************, that my firm has done nothing wrong or improper.  I am confident that the BBB is not in the business of policing lawyers or inquiring into client complaints about their dissatisfactions or misunderstandings of the law.  Regardless, I am hopeful that I have addressed your questions and provided you with adequate information to close this file.  If my explanation of the law and insurance contracts have not adequately provided you with sufficient basis to do so, I ask that you consult with a licensed attorney in ******** so that he/she can provide you with their explanation of the law.  I assure you that theirs will be consistent with mine.

• Initial Complaint

  Date:11/30/2022

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  ON AUGUST 30TH OF ****************************** A CAR ACCIDENT ON THE WAY TO THE FUNERAL OF MY DAUGHTER'S FATHER. WE WERE ALL HOSPITALIZED. SHORTLESS AFTER I WAS DISCHARGED I ENTERED INTO A CONTRACT WITH GWC ***FIRM TO HANDLE MY CASE. THEY DID NOT KEEP ME INFORMED OR UPDATED WITH MY CASE WHEN I WOULD CALL THE OFFICE THEY NEVER HAD ANY UPDATES OR ANY PROGESS WITH MY CASE. MY CASE SEEMED TO HAVE A REVOLVING DOOR OF ATTORNEYS WHICH CAUSED ME TO HAVE TO RESUBMITT DOCUMENTS. I WAS TOLD BY ONE ATTORNEY *********************** TO GO TO THE ************** STATION AND GET A RECORDED COPY OF MY ACCIDENT, ******************************* THE PARALEGAL LOST WITNESS TESTIMONIES, NAMES AND NUMBERS. THEY WERE BOTH FIRED. THEN ATTORNEY ************************* WAS HANDLING MY CASE HE TOO WAS FIRED. PARALEGAL *************************** WAS ALSO ON MY CASE AND SHE WAS FIRED. FINALLY ******************* WAS THE LAST ATTORNEY OVER MY CASE AND THE PARALEGAL WAS ***************************. I WAS INFORMED BY *************************** THAT MY CASE HAD BEEN REFERRED OVER TO THE *** OFFICE OF ********************* ON OR ABOUT FEBUARY 2017. NO ONE INFORMED ME OF THIS AT THE ***** IN FACT WHEN I CALLED GWC ***FIRM IN LATE 2021 OR EARLY 2022 AND BEGAN TO INQUIRE ABOUT MY CASE AND ASKING TO SPEAK WITH THE ATTORNEY OVER MY CASE, I RECIEVED A LETTER FROM GWC STATING THEY COULD NO LONGER REPRESENT ME I WAS VERY UPSET BECAUSE I FEEL THAT THE STATUTE OF LIMITATION WAS EITHER EXPIRED OR ABOUT TO EXPIRE. I WAS SUPPOSE TO GIVE A DEPOSITION IN COURT THAT NEVER HAPPENED I SENT PICTURES OF ALL THE INJURES OF THE PARTIES INVOLVED MINE WERE THE WORST. HOSPITAL REPORTS BUT NOTHING. PLEASE ASSIST ME IN ANY WAY POSSIBLE THANK YOU.

  

  Business Response

  Date: 12/07/2022

  While we adamantly dispute the statements of the complainants statement to the BBB, we are not currently able to fully respond with the facts. The prior attorneys complained of who handled this 13-year-old file have resigned from the firm (None were ever fired) so we need additional time to prepare an accurate response. 
  

  We request a 14 day extension to respond.

  Please confirm.

  Customer Answer

  Date: 12/07/2022

   
  Complaint: 18485613
  
  I am rejecting this response because:
  
  Sincerely,
  
  ***************************** ****

  

  Business Response

  Date: 12/14/2022

  On 12/7/22, our office responded to the original complaint and requested an additional 14 days to respond. On 12/8, we received a rejection to our request but no further information was provided by the complainant. As such, we are requesting an additional 7 days to fully respond to the original complaint. Please confirm.