So for starters i was a passenger in an auto accident May 30th of last year, i got injured and got contacted by a law firm to help sue the driver. Fast forward, they made me go through 17 sessions with a chiro which didnt help and i made it very clear. My attorney was mentioning physical therapy after the sessions with the chiro were done but he ended up leaving the firm so they stuck me with a new lawyer, after all the mri’s they discovered i have a disk bulge, an acl sprain in both knees and bursitis in my shoulder. They’re telling me we’ve reached the policy limit of 30k and there’s nothing further we can do as far as treatment due to the fact that the policy was maxed out, so now they’re telling me to settle, can anyone give me some insight as to whether this is true or not ?
30k Max Payout, left with injuries at 18
byu/Initial-Meaning-8597 inInsurance
Posted by Initial-Meaning-8597
8 Comments
Yes that could be the case depends on what your underinsured and uninsured coverages are on your personal auto policy.
These cover this exact situation – if your injuries exceed the other drivers liability coverages. A standard policy has those coverages.
If you are tapped out on both coverages you’re out of luck. Check with your current carrier to see if you have Uninsured and Underinsured Motorist Coverage”
Insurance policies have set limits. Both yours and the other party. Once those are exhausted the companies will not pay $1 more.
Attorneys like to settle for policy limits, it is easy money for them.
Never go to a chiropractor.
Jesus christ, I’ve heard some bullshit stories. How do people fall for these scams?
Rhetorical question, I know it’s because they think they’ll get money, but the only ones who get any cash from a claim like this is the attorney and their physical therapy partner who also pays the attorney a referral fee.
Was the driver of the vehicle you were in at fault for the accident?
You should be getting BI from the at fault party’s insurance company.
After that, you should be eligible for UIM coverage through the insurance of the vehicle you were in – if that driver was not at fault.
If that driver was at fault or if they don’t have UIM coverage, you may qualify for coverage under auto policies in your own household, even if you weren’t on the policy at the time. So if your parents had an auto policy at the time of the accident, they need to put their carrier on notice of a UIM claim. If you have other family members in the household, there may be coverage under their auto policy.
The attorney should have gathered all the information from you by now and they should have put any possible carriers on notice, knowing that your claim is in excess of the BI limits. You’ll want to report it ASAP to any possible carriers before accepting a settlement or signing a release. The UIM carrier may need to give permission to settle the BI claim. The UIM policy language will also mention if the carrier had to be put on notice within a certain amount of time after the loss – this is typically shorter than the BI statute of limitations.
Make sure they get reductions on your chiro and imaging bills. On a 30K settlement the attorney will take 10K, you should expect a minimum of 40% reductions on your medical bills.
I like the part where the firm contacted him first. High quality representation right there.