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Lawyer already settled for 100,000 from liability, and 25,000 from other driver.
Anonymous5 views6 answers
was a passenger car accident.wastaken to er had surgery plate and 8 screws.pain persisted, and 7 months later another surgery to remove plate. developed neuroma, wrist pain. was placed on narcotics, nerve medication, cortizone shots.even had a seizure from the nerve medication. had a 3rd surgery this yr, one of my nerves was cut,and that side of arm will be numb perm.,and also an extra incission was made. 3 ugly scars.dr said i will need pain management for a long time.my atty advised me to settle for the liab. ins, of 100,000 and the 25,000 from other dr. my medical bills are 50,000 and will need more treat.the ins signed a letter that left th UI 0f 100,000 open and we settled after 2nd surgery.wasnt able to work since the accident,(tried to and couldnt). is my case worth more?
Robert Daniel KellyPersonal Injury LawyerSeattle, WA ·
You need to speak with your own attorney about it. Usually, in general, the insurance policy limits are all there is to get unless you got hit by somebody with extraordinary assets. Although you might get a judgment against your defendant, collection is a different problem entirely and bankruptcy is sometimes an option. If you commission an asset check, it comes out of your money.
[In accordance with policy, this writing does not constitute "legal advice" nor does it start an attorney-client relationship.]
I agree 100% with Mr. Kelly. If you get policy limits, there rarely is anything else to get from an individual. They often file bankruptcy. Talk to your attorney and take their advice.
[In accordance with policy, this writing does not constitute "legal advice" nor does it start an attorney-client relationship.] Attorney only licensed in Alabama.
Jeffrey Harlan PenneysPersonal Injury LawyerPhiladelphia, PA ·
I am really sorry to hear that you went through all of that! MANY cases are worth more than the liability insurance available from the at-fault party's insurance policy, which is why I always advise people to get high UIM (Underinsured Motorist) coverage limits. Your case is very valuable, but unfortunately, the insurance coverage is nowhere near enough to fully compensate you for your pain and suffering and medical bills. Hopefully your lawyer can negotiate the bills to a very low amount so you can get more of the settlement. If you have health insurance, it should cover you for future treatment.
The advice you have recieved is all good. I would reinforce Mr. Penney's advice about UIM coverage. I would also add that if you settled the case, you executed a general waiver which means that you cannot sue the at-fault driver.
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Assuming that you haven't already settled with the other driver's insurance, you should make sure that you get proof that the other driver did not have an "umbrella" policy that would apply over and above the liability limits. From your email, it is difficult to determine whether the other driver had limits of $25,000 or $100,000. Usually, one with $100,000 liabillity limits has some assets to protect - that is the reason they have such high limits. So, you should also obtain confirmation that the other driver doesn't have any assets and that the other driver wasn't on-the-job at the time of the collision as the employer could also have some liablity and additional insurance.
If the other driver has only $25,000 in liablity insurance, it would be unlikely that he/she would have assets worth going after. However, you can try going to www.zillow.com and type in the other driver's address to see if he/she owns the house where he/she lives and what it might be worth. If they have a lot of equity in the house, you should consider doing more research into their assets before settling for their limits.
I also hope that you had personal injury protection (PIP) under your policy that should be used to pay your medical bills and wage loss. Your attorney should be able to work with the PIP carrier to get them to pay the bills and not require any payment back.
Your specific question was about whether your case is worth more. It is very difficult to know for certain, but it is true that insurance coverage limits are typically the otside for compensation unless the negligent party has additional assets AND you are willing to pursue that remedy. What I am curious about is the circumstance under which your nerve was cut. If you have suffered negligent medical care that administered as a direct result of the original crash, you may have a legitimate claimagainst the surgeon.
