Is it all i can get from insurance for being hit by a car?

Question

I was hit by a car in December - NYC - hit and run - got plates - got witnesses - 8 tib/fib fractures - 2 surgeries - still in a cast - might have to walk with a cane forever - will need at least one cosmetic surgery when it heals -filed for lawsuit.
I have been out of work for almost 8 months now and will never be able to go back to work - i will have to change fields, but im not able to work yet. I also dont qualify for any disabily benefits or lost earnings.
My lawyer tells me there is a certain amount of money i can get but i need more than that because of all the medical bills, money i could have made working, a pure hell of pain and not being able to cross one street without thinking i am risking my life doing it.
Is it true or is there a way i can get more money?
(i think the driver doesnt have any personal assets)

I dont get disability benefits because im not a citizen and i cant ask for lost wages because i have no way of proving how much i was making.
I dont have insurance myself.
The amount my lawyer is talking about is the max on cars policy - but its too little for injury like this.
(i mean people fake injuries and get million dollars and i have "tragic" injury and thats all i get???)

Answer 1

I am sorry to hear about your situation. The insurance company will / or has paid the total amount on that bas****s policy for personal injury / damages. This can be as little as $10,000 to as much as $1,000,000 depending on the coverage he carried. Medical bills are usually carried separately, but normally run the same spread of amounts.

I can only suggest that you do file a lawsuit for the differences. Whether he has any personal wealth or not, does not mean you could not win a case against him for a certain amount. I am pretty sure that you could then garnish wages; garnish tax returns, inheritance, and other forms of income over the next 30 years or more. I realize this doesn't help much, but I think this is the route I would go in your case. Good Luck and I hope your recovery goes with the greatest success.

Answer 2

If you filed a lawsuit, it's in the hands of a judge and jury. If you haven't filed a lawsuit, then answer this: how do you not qualify for lost earnings but yet you ant lost earnings? Were you employed at that time? If you were then you can submit a claim for loss of earnings. If you weren't working when the accident happened, then you have no loss of earnings claim.
Since you hired an attorney why don't you listen to him/her? I don't know what you mean that your attorney tells you there's a certain amount of money you can get....you get 1) what the value of the claim is worth and 2) what the lawyer and insurance company agree to. There's no magic formula for this. If the guy's got insurance at most you would receive the policy limits from the insurance company if your claim is worth that amount. If the guy is uninsured, poor, and doesn't have assets...who are you expecting money from?

Answer 3

If it's all they had on the insurance then that's all you are going to get. Insurance go for max payout and that's it, no more $$$ to be had.

Your lawyer should be able to find out if the auto is covered via someone else. Maybe the driver has additional insurance, or maybe they are on a job and company has insurance, and so on and so forth.

Usually you don't need to be a citizen to get disability... Unless you mean you are here illegally. As long as you have "green card" and have permission to work, you should get disability.

As for no proof of income, you have bank statements, yes? They show deposits, yes? Where money come from? That is income, yes?

Answer 4

had a friend who got hit by a car and was off work for a broken leg. Got paid for all his lost wages. Ended up breaking his leg again while still in the cast (drunk and fell down) got paid for that too. He ended up off work for a year and a half and got paid for all of his lost wages, pain and suffering. Probably no where near as expensive as your case but I would be checking into it farther( possibly with a different attorney) If it was a career ending injury you should be able to receive some sort of disabliity benefits

Answer 5

If he had insurance, you can sue for the max amount on his policy. If he didn't, you should get the max amount from your own policy for uninsured motorist. After that, you can try to sue the individual responsible, but that may not be even worth the fees involved, if he has nothing to his name. This is the loophole insurance companies use. They insure you for bodily injury, but they don't tell you that the bodily injury is for the other guy, not you.

Answer 6

I find it hard to believe you are not eligible for state disability..you didn't mention if the person is insured.
The amount your lawyer is seeking seems it is just enough for him to get his cut...I would be looking for another lawyer who is going to look out for future medical care and adequate compensation to live on and job training....instead of making enough for their house payment.

Answer 7

If counsel believes there are no assets available beyond whatever insurance is there for you and the person that hit you, then you are largely out of luck. I wish I had better news.

Good luck.

Answer 8

It's a sad state of affairs isn't it.

If your lawyer says that there is only so much you can get I guess that that is it. If there was more he would go after it because it would mean more for him.

Answer 9

your insurance is only obligated to pay what your policy outlines that it will pay. You Chose the policy, so you picked how much money you would get in the event this happend to you.