I was recently in a car accident where I sustained serious injuries ?
I was recently in a car accident where I sustained serious injuries - including a head injury with the potential for permanent brain damage, facial scarring, and a severe case of PTSD. My medical bills are mounting and while my car insurance and my health insurance are covering them for now, they have both stated that if I settle with the other party that I am to reimburse them immediately out of that settlement. I just heard from the responsible parties insurance company who has said they are willing to pay the maximum amount of the policy limits - which happens to be the lowest possible amount allowed in Georgia, $25,000. This will barely cover what I would currently owe back to my car insurance and health insurance companies, but I would have nothing for further treatment and certainly nothing towards pain and suffering. The insurance adjuster for the responsible party stated that I could get a lawyer if I wanted but there is no way I can get any more than that 25K offered - does anyone know if that is true? I am not looking to "make money" off of this but I would like all of my medical bills to be covered and feel pain and suffering is not unreasonable as I almost died,
Would appreciate anyones advice on if a lawyer could seek out more than the policy limits. The person who hit me does not seem to have any additional funds if I were to sue them personally, I sense that would be an effort in futility.
I appreciate the advise on uninsured motorists - the adjuster from my company has said it does not apply, A) b/c the other driver had insurance, even if it was not enough and B) b/c they filed my claim as comprehensive, not collision. The at fault parties car did not hit me directly - they lost a wheel while driving down the interstate, that wheel crashed through my windshield and roof hitting me in the head. I'm grateful to be alive but absolutely infuriated that I pay for uninsured motorists but yet my adjuster will not let me file a claim for it. Could he be lying to try and save money for his company?
Regarding paying back insurance - I have received letters that I am responsible for paying back health insurance directly from my bodily injury settlement. Am I able to not pay them and pay myself a "fair" amount for pain and settlement or save it for future medical bills? (Not sure how fair would be determined though). I just don't want to end up being sued for insurance fraud for keeping my settlement instead of paying back insurance. I've been told by various adjusters that in most states insurance would go after the at fault parties insurance on their own, but that in Georgia I am responsible by law for paying them back immediately after reaching settlement. It doesn't seem fair if the settlement doesn't cover those bills.
June 28th, 2010 - 08:20
Seek the advice of a lawyer. I had an accident and was in the same boat, though not nearly as injured as it sounds like you were (good luck on your recovery!). The lawyer can help you navigate the insurance messes involved (who owes whom, how much and why). In addition, lawyers can create a lien against settlement, which means you don’t pay out of pocket until the case is settled. If you don’t have someone you trust, go see a couple of lawyers. Don’t go for an ambulance chaser (promises of big payout…), but you can find good ones who only accept payment on a successful case. The lawyer will determine how and where to get the funding you need, while you focus on getting better.
I hate to be one that advocates running to a lawyer, but in cases like this, it is necessary.
Additional Info: Don’t be frightened off by other people saying a lawyer will take all your money. Most lawyers are a free initial consult. Hiring them is your decision, not automatic. The lawyer is looking for a payday, but it is also in their best interest (the good ones, anyway) to get you a fair settlement. My lawyer’s fee was based on punitive damages, not medical, but was still able to get my medical covered to the extent that was needed. So when settlement came, money was disbursed to cover medical expenses, then the remainder (punitive, pain & suffering) was used to calculate the lawyer’s fee. Note, I did not sue to make money, but I did have lost wages, and injury compensation.
They will also make sure the Health Insurance coverage vs the Auto bodily injury is settled correctly.
June 28th, 2010 - 08:59
You can’t get more than what the policy limits are, unless you were to sue the liable party and a lawyer will just take away from your settlement.
You do have an option to approach your own carrier for a UIM Claim (under insured motorist).
Best of luck to you
June 28th, 2010 - 09:07
No lawyer will take your case. That is because the insurance has already reached its limit and the other party has no money.
All that you can do is take them to small claims and try to sue for pain and suffering.
Its not fair, but that’s all you can probly do. Hope your sure he has no money. If your not sure, then get an attorney.
June 28th, 2010 - 09:10
Your car damages are separate from the bodily injury you sustained. It is not YOUR responsibility to collect this back for the insurance company. Nor would it have any impact on your settlement. They are essentially two different coverages. That being said they are offering you their policy limit of $25k. What you would then need to do is to file a UIM or Underinsured motorist claim under your own policy. This will entitle you to collect the rest of the monies you should have been able to collect on your own.
If you get an attorney remember they do not work for free and will take at least 1/3 of what you already have coming to them. on the other hand they can sometimes help negotiate the bills with your providers as well. If you were to hire one, I would only hire one to help with the UIM portion of your claim. Why should the attorney get 1/3 of the 25k that was already offered to you.
good luck!!!
June 28th, 2010 - 09:19
Who ever told you all you can get is policy limits is simply wrong. You can sue for any amount you want or an unspecified amount. Best to consult with an attorney or two before you proceed