You are here

O/T Personal Injury Attorney Advice Needed

thinkthrice's picture

So a little over two years ago, a distracted driver ran a stop sign and tboned me at full speed.   My paid for car was totaled and I ended up with a broken wrist and two shoulder surgeries.   I researched personal injury attorneys and picked one with good reviews.  The woman who hit me was insured at 100K with State Farm.

Fast forward to today.   My attorney called me and said the max is 100K at her insurance company minus his 33% and another amount that needed to be reimbursed back to my insurance company for lost wages $5900 (I was on short term disability via my work but had to compensate them due to my auto insurance company paying me for lost wages; I have a commercial auto ins policy)

Attorney said the next step is to put in a claim for 100K at her auto insurance company.   He also mentioned the 27 yr old has no personal assets to go after.   I told Chef what the attorney told me and he was livid.    Said it should be at least double that offer. 

At this point I don't know who to believe.   Any legal eagles out there?

Comments

notarelative's picture

Not a legal eagle. I'm not sure a spouse or SO is a good advisor for this. Thinking you deserve more does not make it so. If all the other driver has is $100,000 in insurance, where does Chef think the additional money is going to come from?

Maybe you can go to trial and get a higher judgement. But, if the other driver has no assets, are you ready to spend the rest of your life collecting a small sum each month?

 

ndc's picture

If the insurance company offers the policy limits and the driver has no assets, I'm not sure how you'll get any more. Do you have underinsured motorist coverage with a higher limit so that you might be able to get more from your own insurance company to cover your expenses? 

SMto2's picture

Wow, so sorry that happened to you, Every state is different, so you'd need a lawyer licensed in your state to advise you. It sounds like the other drivers' insurer, State Farm, has $100k in policy limits. The value of the case depends on the amount of your damages (past and future medical bills and lost wages.) A couple things to consider--do you have underinsured motorists' coverage you can make a claim against for the excess? Do you have medical payments coverage to which to submit your medical bill? Every state is different, so I wouldn't recommend you folllow advice from anyone unless they are licensed to practice law where your case is pending. Best of luck to you! 

Livingoutloud's picture

Every state has different laws. I am sure your lawyer knows the laws in your state and knows what's realistic to expect. Chef is not an expert so I'd not rely on his opinion of you getting double amount. If the persons insurance covers 100k and the person has no money, where does Chef think that double amount would come from? If you don't trust your lawyer, you can try a different one but it in a long run it is what it is. 

ESMOD's picture

What are your total damages at this point?  (not including "pain and suffering" stuff).. what are you really out of pocket.. and what future impact do you anticipate the accident has cost you financially (did you have to quit working?  will you have ongoing medical costs)

If your own insurance company has higher limits.. it's possible I guess to go against them for a claim as well?  

My guess is that you could get a larger claim.. but the likelihood of collection is uncertain.. and I'm unsure how that would work with your lawyer's share.. would they get 33% of the total judgement NOW.. which would actually net you less money right now.. on the "hope" you would collect in the future?  (your atty could tell you that I guess).

My experience with insurance and lawyers is you never get what you think you will.. that lawyer's eat up most of it and you don't end up "whole".. so in the end.. you have to accept what you can get.. and move on in most cases. 

If 66K covers your out of pocket costs.. you are probably doing about as well as could be expected I think.

thinkthrice's picture

Apparently my underinsurance coverage is 100K so it cancels out the 100K max damage from her policy.  The attorney did agree though that my damages actually are a 250-300K claim in reality.   Chef's questions were answered. 

I did have to on short term disability twice which ate up 2 weeks of PTO.

Shieldmaiden's picture

Despite what your spouse may think, there are such things in auto insurance policies called "policy limits." That is the maximum amount that the insurance company will pay out on your behalf, regardless of how much damage you do. After this, the person who owns the car that caused the damage is responsible for anything over the policy limits. A personal injury attorney is usually called in when you hit policy limits because then you not only have to get paid by the insurance company, but you also have to go after the owner of the car that hit you.  I was an auto claims adjuster for many years, so that is how I know this. 

Policy limits don't change - they are set in stone once the person decides on a policy with their insurance company. You can't argue with it - all you can do is sue the owner of the car, and then the driver (in what order depends on what the rules are in your state. ) 

Good luck to you and I hope you heal up fast. Dealing with attorneys and insurance companies is no fun. 

Shieldmaiden's picture

Despite what your spouse may think, there are such things in auto insurance policies called "policy limits." That is the maximum amount that the insurance company will pay out on your behalf, regardless of how much damage you do. After this, the person who owns the car that caused the damage is responsible for anything over the policy limits. A personal injury attorney is usually called in when you hit policy limits because then you not only have to get paid by the insurance company, but you also have to go after the owner of the car that hit you.  I was an auto claims adjuster for many years, so that is how I know this. 

Policy limits don't change - they are set in stone once the person decides on a policy with their insurance company. You can't argue with it - all you can do is sue the owner of the car, and then the driver (in what order depends on what the rules are in your state. ) 

Good luck to you and I hope you heal up fast. Dealing with attorneys and insurance companies is no fun. 

Livingoutloud's picture

Well theoretically you could win 300k and even millions for pain and suffering but in reality you won't. Some people do win astronomical sums. Most don't. If you believe you'll win, you could sue the car owner. But if she has no money, what and how is she going to pay? 

ndc's picture

You also have an attorney working on contingency who has no incentive to go to trial, with its attendant costs for him, when the driver has no assets. He is financially much better off to settle for the policy limits and walk away. If the attorney doesn't see a lot more $$ out there for the making, there likely isn't any. 

Rumplestiltskin's picture

Same thing happened to me last year. Another driver was at fault and i had 10 broken bones and damaged teeth, and a partially collapsed lung. The other guy had state minimum, which didn't even fully replace my car. I had uninsured driver insurance with a 100k policy limit, and it was the same deal. 1/3 for the lawyer and the rest to me, to buy my car (well, the part not covered by the other guy's), and pay for out-of-pocket medical expenses. Thankfully (i guess), i was on the job so workman's comp paid 2/3 of my salary while i was out and most of the medical bills, but my face was smashed so some of the work i had was considered cosmetic. The limit's the limit. You can want in one hand and shite in the other, and see which fills up first lol. 

Rags's picture

underinsured at fault party.

That they have no assets does not mean that you can't get a huge judgement against them that they will owe you for decades.  Of course, if I am not mistaken, legal judgements can be escaped in some cases via bankruptcy.  Unless there is a lien put on their property.

Just some memories bursting through from my short stint as a Insurance Adjuster.