Here I am again, trying to get some answers. I think I need a new lawyer. He basically said there is nothing I can do. I was rear-ended by a motorcylist who was exceeding the speed limit by 3 times. His policy limits don't begin to reach how much my medical bills are. Is there anyone else I can get the money from? He passed at the scene by the way so I can't sue him of course. To my knowledge he had a fiance he named beneficary but I don't know what that included. Could I go after that? Or possible sue the insurance company? I "heard...here-say of course but if it were true" I heard this guy had a history of wrekcless driving, totaled a motorcyle before..could insurance company be held liable for more than the policy limits? It's just not fair that I was minding my own business & I am having to pay for all of this!! Do I have any options? Thanks.
2007-10-04 06:17:35 · 11 answers · asked by Jay 2 in Politics & Government ➔ Law & Ethics
A new lawyer could be worth it for a second opinion. Your lawyer may not be a screw-up though--he may have already checked on some of the options you are talking about and found they weren't available to you.
From my understanding, you would sue the motorcycle rider's estate. His insurance company would cover amounts up to the policy limits. Anything futher that you are awarded in court would come from his estate. (If your lawyer found out that this guy had no money to leave to his heirs, he knew there was no point in suing if the insurance company was paying the limit anyway. If he were alive, you could get future earnings, but since he is dead, he has none--and this responsibility dies with him, if all the money in his estate doesn't cover it, his wife or children do not take that responsibility on themselves--they are merely left with no inheritance. The insurance company's responsibility is clearly just to the limit, they have no responsibility other than to themselves to decide who should get insurance and who shouldn't--the only reason they are involved with you at all is because of the contract the mcyclist had with them.)
Since the guy responsible is dead, I don't see a way to get money out of anyone through the courts (assuming the insurance company paid according to the policy). What you may try is having a family member organize a charity for you, or see if there are charities who help people in your situation. People in the community will probably be willing to help out as much as they can--everyone knows that anyone could be hit with a problem like this out of nowhere and are usually willing to help.
2007-10-04 06:36:42 · answer #1 · answered by wayfaroutthere 7 · 0⤊ 0⤋
Hi, It looks like you've encountered a real problem in trying to recover costs.
First of all,... do you have comprehensive insurance on your vehicle?
If you do, all you need to do is lodge a claim from your insurance company and your car plus any medical expenses should be covered. Read your Policy wording.
However if you do not have any insurance coverage, then the best thing you should do is to seek a good lawyer and ask him to serve a Letter of Demand for the outstanding damages and costs on the motorcyclist's Estate (That is, if he is now deceased) or his insurance policy if you happen to know that he had one. (A claim form could be signed by the Executor of his Estate).
If the motorcyclist had a high blood alcohol reading at the time of the accident, then this may void his policy and you would have no alternative other than to recover the costs through your lawyer.
In answer to your question re: 'Could the insurance company be liable for more than the Policy limits' ---- No !
But you might find that his Third Party Property Insurance may have a limitation of either $2 million, $5 million, $10 million or even $20 million coverage, which could be adequate to cover your losses.
If you are not sure,... ask your lawyer to point you in the right direction. You'll know where you stand and be better off in the long run.
2007-10-04 06:43:17 · answer #2 · answered by Roy B 3 · 0⤊ 0⤋
His vehicle insurance company is basically only liable up to the limits of what this guy paid for. But if we are talking a lot of money here a good lawyer might be able to reach a settlement.... to just make it go away. Did he have a serious history of tickets? So why did they not drop him? They might not want people looking into that. Again a good lawyer can involve state agencies and such.
Now if he had any life insurance that is a different story. That is an asset that he is transferring to another. File a wrongful injury or whatnot and you have a right to any of his assets. Including life insurance. You can sue in civil court.
That you need a new lawyer is and understatement
2007-10-04 06:57:01 · answer #3 · answered by jackson 7 · 0⤊ 0⤋
Yes, you absolutely need a new lawyer, because this one is giving you terrible advice. I can't BELIEVE he 1) told you there is nothing you can do, and 2) didn't advise you to sue the man's insurance company!
The motorcyclist had insurance, you've already mentioned. That is who you should sue - NOT his fiancee. You'd have to bring a civil suit to get money out of her (civil suits are a huge headache), you'd likely not get anything when the jury learned he had an insurance company you didn't bother to sue instead. Not only that, but seeing as he HAD insurance, it's just bad form to sue his grieving fiancee.
So yeah, get a new lawyer, sue the insurance company - NOT the girlfriend.
2007-10-04 06:26:11 · answer #4 · answered by Lillian 4 · 1⤊ 0⤋
Do you have uninsured/underinsured coverage? If so you can get money from your insurance company.
Did he have insurance? If so your lawyer should demand the policy limit. You could go after his estate (this does not include life insurance), but if he had little money this would prove fruitless.
If you do not trust your lawyer, find a new one.
2007-10-04 06:22:45 · answer #5 · answered by randomcobweb 3 · 0⤊ 0⤋
If you know the motorcyclists information as well as you say. You could sue him for wrongful injury personally. You could go after the insurance company but if his limits are met then you could sue him for the difference.
2007-10-04 06:20:35 · answer #6 · answered by hatingmsn 6 · 0⤊ 0⤋
you can sue the estate, when someone dies and technically owe someone money you can sue the estate. meaning when someone collects on his life insurance policy or sells his house or any other assets worth a substantial amount, they will have to pay any unpaid debts. or if you had really good insurance yourself they will cover it. i dont know what state you are in or what kind of insurance you have. call the person that wrote your car insurance policy and ask them if you are covered....good luck.
2007-10-04 06:24:45 · answer #7 · answered by babygurl 5 · 0⤊ 0⤋
If his fiancee was the beneficiary of his life insurance policy that money is hers and you can't touch it. You can, however, sue his insurance company.
2007-10-04 10:36:21 · answer #8 · answered by lillllbit 6 · 0⤊ 0⤋
Your insurance company is supposed to pick up the tab of whatever the motorcyclist could not. He's dead, leave his grieving family alone.
2007-10-04 06:21:33 · answer #9 · answered by ? 6 · 1⤊ 0⤋
You can sue his estate. Any monies he had at the time of his death are subject to seizure by his creditors. The IRS would certainly go after it.
2007-10-04 06:22:28 · answer #10 · answered by San Diego Art Nut 6 · 1⤊ 0⤋