The driver has crappy auto insurance and nothing to his name (he's a meth addict). The DA called to notify me that they will be charging him with DUI as well as Felony Assault. I ended up with a broken back and 6 days worth of hospital (trauma ward) bills. I want to know if I am able to sue his insurance company or get any sort of compensation for pain and suffering, and at the very least have my medical bills covered. I have both auto and health insurance- but only 25k of uninsured motorist coverage. I've been unable to work for a couple weeks now, and am drying up all my vacation time. On top of all this, my wife is 9 weeks pregnant. We share one car between the two of us (I commute by bike)- but now I will not be able to ride a bike for quite some time (obviously my wive will still need the car). Am I able to seek any financial compensation for pain and suffering, possibly a new vehicle, some $$ so hire help to build a nursery that I was planning on doing myself, etc? Help!
2007-05-27 10:54:48 · 7 answers · asked by tommyboyportland 1 in Business & Finance ➔ Insurance
Let me first say that what happened to you is totally horrible. I hope for you have a speedy recovery. I would check to see if you city/town has a legal aid society that can offer you and your family free legal counsel. If not, see if the legal aid society can point you in direction of a contigency based attorney.
2007-05-27 12:12:08 · answer #1 · answered by brianspiegel 2 · 0⤊ 0⤋
I'm a claim adjuster not an attorney but here is my advice. This is general advice since we don't know what state you are in.
1. Do not get an attorney and sue, just "present" a claim to the insurance companies. From what you are describing you probably have enough injuries to get his liability policy limits, (which I assume are low from your comments) and all or most of your uninsured motorist 25K. With the proper documentation the other guys company should offer you their policy limits. Why pay a lawyer 1/3 of that?
2. Turn in the medical bills to both your health and auto insurance policies. In many states, they will have the right to get reimbursed the bills they paid from your settlement. UNLESS, you settle for policy limits. Then most companies will drop their reimbursement rights since you will not be "made whole" from the policy limits settlements. The concept of "not being made whole" basically means if you have an injury valued at 60K but only have 50K of coverage available you are not made whole because of the gap between the value of the claim and the available money.
3. If the other guys company offers you their policy limits make sure to notify your company. Your company may have the right to "substitute their draft." It would take 3 paragraphs for me to explain all the crap associated with the "substitution their draft" So please ask the adjuster from your company about it.
4. Neither company will have a duty to pay you for the things you mentioned (car & nursery). The money for those items would have to come from your settlement.
5. Check with your employer to see if you have any disability insurance through your job. You would be surprised how many people have this coverage but don't know it.
6. Let go of the idea of "suing," at least for now. Wait and see what the two insurance companies offer you. The most they will have to pay is their policy limits. So trying to sue for more than that is a waste of your time and money.
7. Good Luck in your recovery and settlement.
2007-05-27 15:29:39 · answer #2 · answered by fighting saints 6 · 0⤊ 0⤋
So Sorry for your situation.
Get a good reputable personal injury attorney immediately (you may already have one). They usually charge up to 30% of the judgment. Don't let that bother you. You have a very good case here.
The attorney will ask for max BI limits . However, the judgment could be litigated for much more. Obviously the Met head has no assets ...but if he does I am sure a settlement not only with the ins company and his assets are worth the wait.
2007-05-27 13:19:46 · answer #3 · answered by DFK 3 · 0⤊ 1⤋
If he has insurance, you should have a shot at some amount of compensation. Call an injury attorney for help with this one.
2007-05-27 11:02:38 · answer #4 · answered by G-man 3 · 0⤊ 0⤋
You can sue his insurance company, but you won't win - it's not THEIR fault he only bought 25K, and THEY didn't cause the accident.. You can sue HIM and win, but his insurance company only has to pay the policy limit.
All your attempts at compensation will HAVE to be from suing him. Good luck.
2007-05-27 13:21:34 · answer #5 · answered by Anonymous 7 · 0⤊ 0⤋
Even if he's got something (like crappy auto insurance) you should be entitled to it. Consult a personal injury attorney - they'll be able to tell you better.
2007-05-27 11:30:34 · answer #6 · answered by zippythejessi 7 · 0⤊ 0⤋
you're meant to get an coverage card from the guy that hit you. I advise you touch the guy and ask for his or her information, in the event that they decline to grant it to you then you may talk to the police....is the coverage plans huge type on the document? if so you ought to easily call a state farm workplace and that they are going to direct you to the claims branch.
2016-10-06 03:47:12 · answer #7 · answered by ? 4 · 0⤊ 0⤋