I had a head injury in a car accident and my lawyer says i can only get 50k from her insurance company and 50k from my insurance company. If the other driver's liability was only 50k, why can't I get more considering this accident will affect me for the rest of my life.
2007-07-18 04:14:51 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It sounds like that is the maximum limits she is insured for and she had no attachable assets; otherwise, it would be in your attorneys best interest to seek more, as it would mean more money for them. Take the money that is given after your lawyer takes their cut; otherwise you will be fighting a losing battle.
2007-07-18 04:22:04 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
I'm sorry to hear that you were injured in such a way that will affect you for the rest of your life. That being said, there are waaaayyyy too many people out there who, either by themselves or with the help of predatory personal injury attornies, are led to believe that a car accident is the equivalent of hitting the lottery. Yeah, right...Everybody who is involved in a car accident will be millionaires and set for life. It doesn't usually shake out like that, though. By law there are limits to how much coverage you must have in liability situations and in your case that limit has been reached. You could sue for more but juries these days are usually reluctant to award big judgments any more as they once did. Even when they do, the lawyers get about 40-50%, the doctors and hospitals get a big chunk and you probably get really disappointed....
2007-07-18 05:15:49 · answer #2 · answered by lillllbit 6 · 0⤊ 0⤋
Bbmama is right. You could conceiveably get a judgment for more if you went to trial, but then you would have to collect. The other driver's policy limit is $50,000, so that is all that they are required to pay. If she has no assets, you'll have a hard time collecting. Before you settle, make sure your attorney has done an asset check. Good on you though, for having a decent amount of underinsured coverage (the $50,000 from your insurer).
Good luck with it.
2007-07-18 04:27:14 · answer #3 · answered by John W 3 · 1⤊ 0⤋
BEcause of your state's (wherever you are) insurance commission and the liability limits on the policy.
2007-07-18 04:21:48 · answer #4 · answered by hexeliebe 6 · 0⤊ 0⤋
I suppose you will have to wait. If you do not get any satisfaction in a certain amount of time, you can take her to small claims court, but that does not guarantee payment.
2016-05-21 18:44:41 · answer #5 · answered by ? 3 · 0⤊ 0⤋