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slickporter | Two years ago I was hit by an uninsured motorist. Just recently a judge awarded me a certain dollar amount.? |
My attorney said that since I personally didn't have automobile insurance (I was driving the company car while at work), that he was going to get a settlement from the company's insurance carrier by going to arbitration. Am I going to get the amount the judge awarded or should I expect something much less? |
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trailsman1961
 |
probably less |
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shnnnfgn
|
I was injured on work time and received a settlement but the company's insurance company received a portion before I received anything. So in my opinion you should expect less than what the judge awarded. |
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efrankdeniro
|
Less it seems |
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Brutus
|
It's all up the the arbitrator |
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elvisdan77
|
Depends on what the arbitrator finds and what your companies insurance policy says. I wouldnt push your company too far...its not their fault you were involved in an accident...you should have worker's comp for your injuries...why isnt your attorney going after the person who actually did it...what is going to happen to the actual guilty party??? |
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jamesfrye
 |
First question, why was your attorney playing games and not getting the employer's auto carrier involved earlier?
Most uninsured motorist policies require binding arbitration and by going to trial it appears your attorney was either trying:
(1) to extract blood from an uninsured turnip
(2) Play games with your employer and/or their insurance carrier
(3) did not know what he was doing.
I do not know if you have a workers comp claim pending against your employer (were you perfroming work duties at time)
Contrary to popular belief, binding arbitration has been quite a windfall for plaintiff's counsel as the three person arbitration panel usually has 2 panelist with "ambulance chasing" experience on it.
However, the UM policy has a limnit and if you won a $100,00 judgment from the court and the UM limit is $25,000 then the most you can get would be $25,000.
If the court gave a punitive award to you based on DUI or similar act by other driver, most UM polices do not pay punitive damages. This is different by state.
Chances are you will not give what the court gave. I suspect the defendant did not offer a defense and this was just a default judgment.
After paying a uninsured motorist award, your company will subrogate their payout from at fault party(ies) |
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Lucianna
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Don't quote me, but if you were driving the "company car" on "company time", and you're a licensed driver, what would it matter if you had personal auto insurance? You're at work, driving not your car, but the company car, and the company should cover you in their vehicles. Or are they depending on your insurance to pay for it? That sounds rather wierd. |
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