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rachelb06 | So WE have to pay thousands??!!? |
me and my mom are a little confused. we were in a car accident about a year ago. the insurance company finally agrees on an amount. well, let me just show you what the letter says from out lawyer. it says:
dear mrs. leblanc,
we have received offers to settle your case for the policy limits from both the liability carrier and the UIM carrier. after paying all of your expenses, attorney's fees, unpaid medical and the Cigna lien, this would clear you about $15,000. Upon receipt of this letter please contact my office to discuss the settlement of your case.
she called his office, but he wasn't in. she talked to his assistant. my mom asks "so this is the amount AFTER i get my surgeries?" and she said "no." so this means that my mom has to pay for a $12,000 knee surgery and a $6,000 nose job since her nose was broken out of THAT??!! this would mean that she would have to pay thousands of dollars out of HER POCKET and get ABSOLUTELY NO PAIN AND SUFFERING MONEY???????? is this the deal or no?
btw, the driver was a kid without his license driving his dad's truck. if that helps with anything...
Additional Details
it is my mother's insurance. i am not sure if she had uninsured/underinsured coverage. what would it mean if she did? |
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src50
 |
Sounds like legal minimum insurance was all the other party had and the insurers are offering that amount. The insurers absolutely will not pay more than their policy limits (nor can they be required to). You could sue the other party directly but it's doubtful if you'd ever actually collect anything.
What about YOUR auto insurance? Did you carry uninsured/underinsured motorist coverage? |
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PB2u
|
The other party was underinsured. The minimum state limits are entirely too low and this is a perfect example. If you have uninsured motorists coverage on your car (or the car that was in the accident), you can make a claim under that. As far as the medical expense, does she have health insurance? I'm not certain but it seems like your own healthcare coverage would kick in. |
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MSAD
|
Here's the thing......
....auto insurance is not an unlimited pot of money.
The at fault person's policy can pay no more than the per person limit.
Your UIM coverage can pay no more than the per person limit you purchased.
Does not matter how bad your injury. The limit that was purchased is the max payable by the insurance company.
Can you sue the other guy? Sure. But if he does not have assets....you'll never get paid. And ...his insurance company is not going to pay you the policy limit and let you sue their guy. Getting the insurance money (guaranteed money in hand) is in exchange for ending your claim against their guy.
Out of the settlement proceeds....the first ones paid are the medical dr's. You and your mom would not be recovering ....had the dr's, hospitals etc treated you. So they get paid first.
Then your attorney takes his fee. Usually this is about 1/3 of the settlement amount.
You are the last one paid. You get the left overs.
So...after all available insurance coverage has been maxed out and every one paid....your share is 15K. |
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theresarose08
 |
that sucks. |
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theeriktodd
|
Yeah, sucks don't it? This is what pisses me right off! I would go after the kid, he should have been escorted to jail, but I bet he wasn't. Your only remedy is to sue the kid's family for negligence if they knew he didn't have the license. Good luck to you |
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mbrcatz
 |
Yep, if you take that offer, your mother's attorney gets paid first, then her hospital bills get paid, and then she gets what's left over - nothing. You would have gotten more without an attorney.
If you don't take that offer, you sue the kid and the dad, you get the judgement for A LOT more money, their insurance pays out the same - the policy limit - your attorney gets his third, which will be MORE than what got paid out, no doubt, and NONE of the hospital bills get covered, and there's STILL nothing left for your mom.
Uninsured motorist is coverage SHE would have bought - which she clearly didn't - to pay her pain and suffering, in this case. But she didn't BUY that coverage, so she doesn't HAVE it.
Yep, it's not fair. Can't get blood from a stone, though. Life isn't fair, and MOST of the time when bad stuff happens, someone else isn't there to pay for it. If you WANT someone else to pay for it, YOU have to buy that coverage, to be sure. |
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