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Justin N | I was in a car accident and the other driver was under insured, what am i supposed to do? |
I was in this accident which was the fault of the other driver. My er bill was over $37,000 and now her insurance company is saying that is all they can pay due to some limit. I do not have under insurance coverage with my own insurance to cover everything else. Now I owe $7,000 on my truck which was totaled. I am not getting any money for my lost wages, I have nothing to drive now at all, and I still owe money for the hospital bill itself. I just want to give up. |
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mbrcatz
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You can either accept the policy limit, or not accept it and sue her directly in court. A lawyer will take 30% of what you get.
If you get your judgement - and you probably will - her insurance will pay the policy limit, and you have to chase after her for the rest.
My suggestion . . . increase your liability limits, and buy underinsured motorist coverage, and medical payments, and lost wages, and collision for your next vehicle, so this doesn't happen to you again. |
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Expert Realtor
 |
That is what happens when you UNDER INSURE yourself and hope that nothing goes wrong.
You are just as at fault as the other guy is.
You can sue the other guy for what his insurance company won't pay, however, you can't squeeze blood out of a turnip. |
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MSAD
 |
Sorry it happened to you but you chose not to take out under-insured motorist coverage. You chose to run the risk that you would get hit by someone with minimum limits and that your injuries would exceed those limits. Given that you did not have under-insured motorist coverage, I suspect that you have minimum limits of liability yourself, so you really can't complain for the other guy driving around with the same limits you have.
You can hire an attorney and sue - but the other guy has to have assets to take. If he has nothing then you can sue all you want but you won't get anything. The attorney will also take 1/3 to 1/2 of your settlement.
Here's a suggestion on what to do: turn the bills into your medical insurance. Most health plans cut medical bills a lot. I recently had a surgery that costs about $16,000 but by the time my health insurance got done cutting the bills, it will cost about 6,500 between what they pay and my co-pay. This can reduce the medical charges a lot.
Call the medical providers. Explain that you have more bills than the settlement will be. See if they are willing to cut their bills. Ambulance companies are generally hard headed but hospitals will usually try to work with you. You would want to pro-rate the bills to the total limits. See if the hospital would be willing to accept a pro-rated amount.
Here's how you pro-rate - example-
Hospital bill- 12,000.00
Er Physician - 500.00
radiologist - 2000.00
Total bills: 14,500
Settlement amount: 10,000
Hospital bill/settlement amount = 12,000/10,000 = 83.34%
Therefore you would pay the hospital 83.34% of the coverage limit: or $8334.00
Do this with each bill. The % should add up to 100. See if the medical providers will accept the pro-rated amount. Usually if you pay the pro-rated amount by a certain date, the hospitals are more likely to work with you. You can't just send them this amount - you have to get all the providers to agree to it.
Good Luck.
** not to be taken as legal advice - I am not an attorney ** |
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terry h
 |
talk to and hire an attorney before accepting or signing anything. the lawyer may be able to negotiate a larger settlement or have to sue the other driver who can pay through his home owner's policy for the difference. |
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Jo Ann H
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If the other driver was at fault and did not have enough insurance to cover your injuries and property damages, the limits on your under insured and/or uninsured coverge is higher than theirs, you may file the claim with your insurance company. They will then try and collect the amout they pay from the other party. You also have the option to sue the at fault person. |
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Insuranceman
 |
Some of the folks on this site are really clueless.....if another person hit you and they only have the minimum limits of liability, "THAT'S ALL THERE IS, THERE AIN'T NO MORE"...and chances are, an attorney is going to get a HUGE chunk of what there is...leaving you even MORE in the hole....do you think HE will care??? Probably NOT.
Take the advice of the adjuster just ahead of this answer.
Chances are, if the person only carried the minimum limits of liability, they are "judgment proof" any way and don't have anything to sue for! So, you go to court, sue the other guy and get a judgment...what good is THAT going to do?? You can't EAT a judgment and there's no money in it for you and you're out the legal fees!
File your claim on your health insurance and see if the medical provider will adjust your bill.
Good luck and I hope this helps! |
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Tom Z
 |
First thing to do is to check your own policy coverage. With a little bit of luck perhaps your agent added coverage for under/uninsured motorist. If you have that coverage you submit the the unpaid claim directly to your own insurance company.
In the absence of that coverage you will want to contact a lawyer. The fact that the negligent driver does not have enough insurance does not mean that he/she is not responsible for the remainder of the costs. (You just have to hope the negligent party has some assets)
Good luck. |
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DT
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You just go by telling what happened and get your lawyer to help lower the price if you have to pay at all. Only if it was your fault, if not then SEW THEM! |
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