I was in an automobile accident a few days ago... not at fault...other driver was cited for speeding and reckless driving. I flipped my car...it is totaled...I suffered a t5 vertabra fracture and 11th and 12th ribs are fractured. All this was caught on the sheriffs dash cam. The other driver had the minimum bodily injury amount which is 25k in this case. Med bills are presently at $20500. Havent received an offer from his insurance carrier yet but it is clear it should be more than the limit (I know I cant get a dime more than 25k) Should I hire an attorney??
Candidly, I don't that is the right question right now. If I can give you some free advice. first step is to call your own automobile insurance and reserve your no-fault or PIP coverage. Also, ask them to send you a copy of your automobile policy. You are looking for underinsured motorist coverage. You want to look for it on all the insurance policies that you may be covered under. If you have health insurance, you want that health insurance carrier to pay all your medical bills. They will have a lien against your case wherein they can get back what they pay on your behalf. Do not ignore that lien. It can get you sued down the road. However, your health insurance will take that $20,000 bill and because of contracts they have with the medical providers, they may reduce that charge to half that amount. They have a right to recover what they pay out, not what was billed.
Do I think you need an attorney? Probably. You have to take certain steps to make sure you preserve the underinsured motorist claim. See KRS 304.220 which is the relevant statute. However, before I paid anyone an attorney's fee, I would know about the underinsured motorist coverage that might apply. Remember, a decent personal injury attorney will usually offer a free consultation.
Bradley D. HarvilleCar / Auto Accident LawyerLouisville, KY ·
Yes, you should definitely hire an attorney. You have a serious case and only an experienced personal injury attorney is competent to handle all of the issues you will face in order to properly handle your case. You may have underinsured coverage under your own policy and there are certain procedures that must be followed in order to preserve your claim for those benefits. Good luck.
Absolutely. With that level of damages it is critical that you explore all your option in terms of insurance coverage/ through their policy as well as your own under insurance policy. Without an attorney you could very seriously damage your right to significant funds for your medical expenses, pain and suffering etc. You need an attorney on this asap to begin the process of documentation etc. We handle these cases regularly and provide free in home consultations. Of course there are many attorneys out there! Get one ASAP and good luck - hope that you make a speedy recovery.
Coleman Peter HengesbachPersonal Injury LawyerClearwater, FL ·
Yes. Although the attorney will take a percentage of any recovery, they will have the experience and resources that are needed to maximize any claim that you may have against the other driver's insurance. Best of luck.
Due to the severity of your injuries you need to hire an attorney to investigate all possible avenues of recovery. Interview a few personal injury attorney and go with your gut.
YOu need an attorney to help you. If it is a clear liability case and the expectation is that the company will offer its limit. perhaps you should try to negotiate a deal on the counsel fees. Some of those bills depending on your state law you may not have to pay out of your settlement if they were paid by your auto carrier or your health insurance. These rules vary from state to state and you need to consult with a lawyer in your state. Also, if the other side is "underinsured" do you have underinsured coverage on your policy. If you do you can make a claim to your policy for your policy limit. Most states you must get permission to take the other side's insurance money before you can make an underinsured claim. Again, consult with a lawyer from your state.
James Ryan TurnerCar / Auto Accident LawyerCovington, KY ·
Possibly, yes. An attorney will be able to ensure that the maximum recovery is obtained from all available insurance policies. You may also have an underinsured motorist claim. I would be happy to speak with you anytime regarding your rights.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Do not count on the beneficence of an insurance company to treat you fairly. You need to explore all possible sources of insurance coverage here, particularly underinsured motorist coverage which may be available to you on your own policy or from a relative resident in your household.
I suggest that at a bare minimum, you arrange a free consultation with a personal injury attorney in your area to see whether or not the attorney can be of assistance to you. If your tortfeasor is poor and you have no underinsured motorist coverage available to you, you may have to accept the tender of the tortfeasor's policy limit as the only realistic source of any recovery. Do not sign any release until after you have consulted with an attorney.
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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.
