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Rick | Please answer somebody-911? |
I was in an accident 6 months ago (not my fault) the other driver had no insurance. Now, my lawyer says that he can only get me $15,000 in accordance with my policy. However, medical and other bills from the accident exceed 15k. My lawyer says that if we take the driver that hit me to court, he'll declare bankruptcy and I will not get any money. Besides maybe finding another lawyer, what else can I do? thank you. |
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blue_angel29
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Do yourself a favor and get another opinion on this (and definitely considering switching lawyers). I don't know how much you plan to sue for, but I find it odd that your lawyer is so sure the other guy will automatically declare bankruptcy. Your lawyer may or may not be right, but it never huirts to be sure. |
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Dawn A
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I would get another lawyer!! there has to be more they can do.the person must have a job,they could deduct monies from the pay for a certain amount of time? no? |
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mks 7-15-02
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He Might Delare Banruptcy And You Wont Get Your Money. That Happen To Me. When My Boss Delared Bantrupcy. I Had To Paychecks Comeing To Me And That Was 9 Months Ago. When I Was Laid Off. And I Wont Get My Money. |
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OPM
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I agree, get a second opinion.
It is important to distinguish between uninsured motorists coverage and the bankruptcy issue.
You are entitled to the uninsured motorist coverage regardless of what occurs with the other motorist, BUT the insurance company has a right to recover any money you make from a judgment from him. In other words, they will get back the first $15,000. It is likely that if the person could not afford insurance coverage in the first place, they lack any assets to pay you. Their vehicle is likely not worth much if anything. They either don't own a home or have no equity in it. Bankruptcy protects a certain level of equity so you cannot attach it. Retirement accounts cannot be reached by law. They probably have no or little savings.
He is probably trying to save you money. You are entitled to $15,000 because that is the policy you signed up for. I imagine that is $5,000 + $10,000. One is likely for injury the other will go to the vehicle for repairs. The only reason I say that is that $15,000 is a strange limit.
He is saving you money because he will take his share off the top. You will get $15,000 minus his fee.
You need to carry pretty high insurance because uninsured/underinsured motorists is based upon your coverage if you hit someone.
Had you been at fault, they would have been limited by your coverage. |
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captures_sunsets
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many lawyers will give a free consultation. call another lawyer for a second opinion |
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tercir2006
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Cut your losses. Also, upgrade your insurance to cover for under or uninsured drivers who may hit you. You get out of it what you put into it.
If you take the cheap approach you can expect cheap coverage. Best take the policy you feel will suit your needs, not your wallet's needs. |
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chi bebe
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It just depends on your policy. Your insurance company legally has to offer you uninsured motorist coverage - which it sounds like they do. That may be the 15K they are offering. In your contract, it may say that uninsured motorist coverage may not exceed that amount. If that is true, there may not be anything else you can do besides taking the other driver to court.
First of all - seek a 2nd opinion. You should always do that, just to make sure you are getting good advice.
Second of all - ask the 2nd lawyer if there is an option to accept the 15K from the insurance company, and then take the other driver to court for the remaining amount of debt (plus pain and suffering, hopefully). If this is possible (and I think it is), it will reduce the amount the other driver has to pay, thus reducing the possibility that he will file for bankruptcy to get out of having to pay you.
After this is all over, look over your insurance policy wih a fine tooth comb and see if there is anything else you should be doing with your insurance that will more fully cover you in cases like this. Make sure your insurance is adequate - you don't want to give them money just so they can come out ahead in the end via loopholes!
Good luck and I hope you are feeling better from your accident! |
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Lamb725
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His other assests (savings, home, etc.) can be used to compensate you. The $15,000 your are referring to, is this coming from your Unisured/Underinsured coverage? |
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tweety
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if your a christan.............allyou can do is............pray. |
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