I was the passenger in a vehicle that was hit by an impaired driver going 110mph. His insurance has a maximum of $25k and my medical bills alone are north of $40k and that is not including pain and suffering damages from missing work for an extended period of time.
My lawyer said if I elect to not take the insurance check and pursue litigation, there’s no guarantee that I ever see anything of significance from the other person. Couple that with the fact that I really need money now, I’m tempted to take that payment with the understanding that I should be getting about $18k
My lawyer told me that my medical bills would be paid out by insurance but the total is well over the max payment offer. Am I going to be compensated for this accident? I do not have a solid understanding of how any of this works and I can’t have this ordeal stretch out for two more years if there’s a possibility that I don’t atleast have a payday coming.
I have a meeting with my Lawyer this week and I’m sure he will thoroughly explain this to me but this is very stressful for me and I would like a general idea of what could happen before I meet with him.
For context, I was the passenger of an uninsured driver (not sure if that’s relevant) and the state is Indiana.
At fault driver’s insurance has offered a max policy payout. How much can I expect to be paid directly to me?
byu/ilovebeingthatguy inInsurance
Posted by ilovebeingthatguy
4 Comments
Ask your attorney
If that’s the only insurance money there is to draw from, take $25K and subtract whatever you agreed to for the attorney. Did you negotiate a rate with them for less than a third? Do you have health insurance? Are they putting a lien on your settlement? This is one of those unfortunate cases where you won’t be walking away with anything significant, even if you had severe injuries. Your attorney is correct that you can’t get blood from a stone. Stones also tend to be irresponsible jerks. Sorry.
Tell all of your family and friends to increase their liability limits. Tell them not to be the asshole who leaves someone in a situation like this.
his max limits are his max limits. I was going to say if your driver has insurance then you can try to max out his limits but seeing that he was uninsured that isn’t an option. If that other person has low limits they probably don’t have any assets to try to sue him or then the other issue even if you win is collecting from the other party. Your kinda SOL and have to settle with the other parties max limits.
why the heck does the person driving you not have insurance?
Do you have underinsured motorist bodily injury coverage on your own policy? If yes, you can always pursue the claim there.