I was involved in a Severe rollover accident casused by a reckless driver in April 06. Resulting in a total car loss, Injuries to my spine (Herniated C5-C6) Torn ligament in my left arm and Left Knee.
7 months of therapy.$30,000 Medical Bills to date. No real recovery yet. If he only has 300/100 coverage,
can I only expect 100,000 at the end of the proverbial rainbow?
Or am I not understanding the injury claim incorrectly.
-$30,000 Legal
-$30,000 MED
And the rest to me?
Is this how this whole thing works or not Can I go after this moron in a civil trial and get more. I dont mean to sound greedy but this guy potentialy ruined my career (GOLF PROFESSIONAL) . If I cant play I cant eat, pay rent etc.............
Thanks everyone
2006-12-15 08:53:56 · 6 answers · asked by R C 1 in Cars & Transportation ➔ Insurance & Registration
That is just the liability coverage he has. He may still be liable for much, much more. It becomes a civil case after that. You will have to sue him, and hope he has a good job to garnish wages from.
2006-12-15 08:58:59 · answer #1 · answered by fairway8u 2 · 0⤊ 1⤋
Well, let me just say a couple of things first off- herniated discs are the kinds of injury where the herniation may have been there before the loss, but maybe the accident caused symptoms. There is a difference between the accident causing the injury and exacerbating it. Secondly, most doctors will tell you the worst thing for your spine is to play golf. It forces your body to twist in ways that are not natural for the back. But anyway, that's not what you asked.
You're not guaranteed the limits will be offered. If you'd had surgery, maybe. But if it was treated with therapy, probably not. What proof do you have that you can't work (play golf)? Most insurance companies won't buy that without an expert and they'll probably want a doctor of their choosing to see you.
No one can tell you what this will settle for. There's not enough information and claims are handled case by case.
2006-12-15 10:53:02 · answer #2 · answered by Chris 5 · 1⤊ 0⤋
It depends on your state. If your medical bills and lost wages aren't covered by No Fault or other insurance, then they are recoverable.
The most coverage available is $100,000. Your attorney will check to make sure there is no additional or excess insurance. If there is, he will let you know and pursue that as well. If not, you are limited to the $100,000. You could always tell your attorney to sue, but courts are very reluctant to force someone to turn over their personal assets.
Usually, a retainer is 1/3 of the settlement plus expenses, which vary from case to case. If you go to civil court, obviously your attorney expenses go up.
Additonally, this is assuming your case value is viewed as being $100,000 and you are determined to not have fault in the accident. Your attorney is in a better position to advise you as to a case range.
2006-12-15 11:07:08 · answer #3 · answered by jerry 5 · 1⤊ 0⤋
His insurance will only pay you a max of $100,000 unless there were more than 3 people hurt in the accident since its a max of $300k it would be split depending on the severity of each persons injuries.
You can get a lawyer and sue him/her. If they own a house you can put a lien on his house. His wages may also be garnished. If the person is not well off, or has a cash job, you may never get what's owed to you.
2006-12-15 09:02:36 · answer #4 · answered by NY1Krr 4 · 0⤊ 1⤋
I'm not clear on his insurance coverage. 100/300 would be $100k per person, $300k for all persons injured in one incident.
The most that his insurance will pay is $100k. You may well be able to get a judgment for quite a bit more. If he has assets, you may be able to go after then (home, stocks & bonds, cars, boats, etc.)
But you say that he has "300/100" coverage. If he actually has a blanket policy for $300k for personal injury ($100k ppd) and there were no other injuries then you could get up to $300k from his insurance.
Consult with an attorney.
2006-12-15 10:36:05 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 1⤋
It relies upon on your state. in the journey that your medical charges and misplaced wages are not coated by using No Fault or different coverage, then they are recoverable. the most coverage accessible is $one hundred,000. Your criminal specialist will examine to make constructive there is not any added or extra coverage. If there is, he inform you and pursue that as well. If no longer, you're constrained to the $one hundred,000. you ought to continuously tell your criminal specialist to sue, yet courts are very reluctant to rigidity someone to educate over their own resources. commonly, a retainer is a million/3 of the contract plus prices, which variety from case to case. in case you visit civil courtroom, for sure your criminal specialist prices go up. Additonally, it is assuming your case fee is seen as being $one hundred,000 and also you're keen to no longer have fault in the coincidence. Your criminal specialist is in a more desirable ideal position to propose you as to a case variety.
2016-10-18 08:31:17 · answer #6 · answered by ? 4 · 0⤊ 0⤋