reduce medpay repayment amount? Injured as a passenger in my classmate's (driver's) car. The driver who hits us admitted fault and settled for $30k minimum liability limit. Now I am going after my classmate's underinsured motorist claim for the rest of the medical bills, etc. in arbitration as classmate's insu co offers very low amount. Due to high attorney fees, arbitration cost, medical bills, can I negotiate with my classmate's insu company to repay only about 45% of the $30k medpay due to common fund doctrine (my attorney charges 40% fee when case goes to arbitration) and the rule of making whole? Otherwise, I will get a little for the case after all the pain and suffering. Please kindly give me a 2dn opinion. Thanks.
Sorry to hear that. The thing is you clearly state: "my attorney " This means you have a lawyer and people just dont dream up the "common fund" doctrine. You have been educated by your lawyer and you need to follow their guidance. Thats why you hired them. Negotiate it all. Talk to your lawyer and good luck..
Gregory S. BaumgartnerTrucking Accident LawyerHouston, TX ·
I am not clear on the question you are asking. The best way to get to the bottom of what you want to know is to take advantage of a free consultation from an experienced PI lawyer in your area. On the phone or in person it will be much easier for a lawyer to learn the factual information to get you started in your quest.
It sounds like there may have been several people injured, and you are forced to divide up a policy, this is not unusual, if you don't already have an attorney, get one, not only will they recover money for you, but they can reduce the medical bills and put more money in your pocket.
The problem is -you can always terminate your attorney, but if it is not for a valid acceptable reason, he/she will still be entitled to his/her 40% of the settlement. You have the power and ability to negotiate directly with your friend's carrier without having arbitration.
Sounds like you have three claims:
1. the liability claim against the other driver
2. the UIM claim under the policy covering the vehicle you were riding in (your classmate I believe)
3. a med pay claim under your classmate's policy.
If the Med Pay carrier wants to subrogate and recover their money from the $30,000 policy limit tendered under the liability claim, they are entitled to. That's why I hate Med Pay and think nobody should carry it (PIP, which is not subrogable, is much better). You've stated your classmate has $30,000 of Med Pay. That is surprising to me, I have never seen a Texas auto policy with hat much Med Pay coverage on it. Is it an out-of-state auto policy?
Also: did you have auto insurance at the time with PIP or UIM? Could you be considered a resident of your parents' household, and do they have PIP or UIM? College students who are away for the semester are typically still deemed residents of an insured's household.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
You are an insured under the terms of your classmates automobile liability insurance policy. I assume the medical payments coverage came from that policy? Ask your attorney if and how the "antisubrogation rule" of insurance law may apply to your circumstances.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
