6 weeks ago I was involved in a roll over accident - the other drivers fault

bundysmom

If they are offering you the limits then take them. An attorney isn't going to change the limits of the policy, only short change you in the end. Sign the release and be done with it.

Clevis D

There are a lot of fools trying to answer your question here. The 'max' amount you are refering to is the policy limits. Despite what the dope said about the insurance company having plenty of money the policy limits is ALL you can recieve. You are welcome to give 33% of that to a scumbag lawyer if you want to (I wouldn't). As for suing the at fault party, it may not be a bad idea but remember, if she is a deadbeat you will never see a dime from her -- EVER, and believe me, your lawyer will always get his/her/it's money. This type of person will have at least three bankruptcies and dozens of repos in her trash life. Your best defense in the future is to be sure you have enough insurance to cover you in case of tradegy.

Sue

I would take the maximum limits on both policies, that is the maximum you can collect. All a lawyer would do is take the 1/3 of that amount & leave you with only 2/3. Because the maximum limit is the maximum, an attorney is not going to get any more for you. If she has no assets now, she probably won't for a long time to come, she is only 19. If your insurance company feels it is worth it, THEY will go after her for the amount they paid you.
Now, if I were you I would talk to my insurance company & raise MY liability & uninsured motorists coverage to the MAXIMUM available. As you can see now, this is protection for other people under liability but also for you under uninsured motorist. So, if you are ever again in a similar situation, you can be sure that there is decent coverage somewhere.
Good luck to you & I hope that you are getting better.

fighting saints

Do yourself a favor and only take the advice of the people who know the claims business. (Clevis D, Bundysmom & Sue) The other people will only confuse the issue.

There is absolutely no need for an attorney if both companies are offering their policy limits. That is all you can get from the insurance companies. No point in giving any money to an attorney in your case. (any ethical attorney that you meet with will tell you this. The scumbag ones won't tell you this and they will take 1/3 of your settlement.)

As for suing the driver, it probably won't be worth it. The insurance company asset check shows she has nothing. Even if you win in court all you get is a judgment. The court does not force the other person to pay and the court can not help you collect. Trust me there is an awful lot of work in collecting a judgment. (collecting judgments for insurance companies is part of what my company does) Less than 15% of judgments are ever fully collected.

The main thing you need to be concerned with is your health. I just hope that between the two companies there is enough money to pay your med bills and still leave some money in your pocket.

Good Luck

adgirl

I would at least talk to an attorney. You can usually get a free consultation. Sometimes after a car accident, medical problems can show up after, you need to make sure that you are protected for a couple of years. You don't have to hire the attorney just listen to what he/she has to say. I would also make sure that I get an attorney that specializes in insurance claims. If you file on your insurance it can hike your premiums up.

amsing

Please, discuss it with a lawyer with a background in this. it's for the best. as long as their not charging you off the top.
take it from someone who's been there. years after my accident, i'm still not normal, and me trying to be the "nice guy" actually girl, i didn't get what i should've. and who's suffering, and who's laughing? also think: which medical bills, the one's you currently have, or the one's you could have in the future, as a direct result of your accident???

Prechaman

Get a Lawyer or pay your own medical bills.

mishoney

if they are offering you the full amount with the medical included in and your pain and suffering and it is enough go for it if not i would advise you to get a lawyer fast don't talk to those insurance people no morer they only have their best interest at heart not yours

Timmy T

if you settle then you have no recourse if there are any further things that go wrong with you. i would at least run it by a lawyer and see what they have to say. you may not get anything for a couple of years by use of a lawsuit, but atleast you will be able to pay med bill on a suit that has been resolved. this is even if she does not come into money for a couple of years. if she loses she would be held responsible for payment for the next 30 years or until the debt is paid.

gym_rat_laura

I'm not sure what to tell you, because I'm in the same boat as you and I'm about to meet with the other driver's agent this week (it was her fault and I was injured). But what I can tell you is that lawyers will give a free consultation (I might get a couple too), and you can run things by them and see what their opinion is on a course of action.. good luck!

alaisjones

Get a lawyer. You may have medical bills in the future. The insurance company has plenty of money. Don't be fooled.

suzukifox01

this depends on your injuries you can hire an attorney on contingency basis where you dont pay them unless the lawyer collects and alot of them have free consultation and will make sure you med bills are paid in full. Insurance companies want you to take the first offer cause they know the'll get off cheap but the final decision rest's with you but i would seek legal councel, look in yellow pages for injury lawyers

Theresa W

I am in the same boat as you right now (other girl's fault and I was injured). I was intimidated about getting an attorney. The consult is free. I just met with them today and decided to let them deal with the headache. The way it was explained to me is that this particular attorney gets a 1/3 of the pain and suffering settlement. For example (hypothetical) My medical bills are let's say $1000, my car is worth $ 5000, and the pain and suffering settlement equals $3000. The attorney get's $1000, the doctor gets $1000 and I keep $7000 (the amount left over out of the pain and suffering and the amount of my car). I hope this helps. At least go for the consultation it is free and they will explain how everything works. They will be able to factor in future medical costs and such. Good luck and wish me luck too!!

Zeltar

You said they are offering you the full amount. The full amount of what? If it's the full amount for the vehicle and the medical bills to date, then that's not sufficient. If it's the full amount based on her maximum coverage, and she is worth nothing more.... then you can't get any more from her and it's not worth your time or money to have an attorney tell you the same thing.

When do you hire an attorney in this case? If your not getting the maximum insured amount from both insurance companies. The attorney will write a letter to both insurance companies. If your case is good, the companies will fold immediately with no court hearings. Have your attorney do this letter using an hourly charge. Only do the percentage of win's if you'll end up going to court and the lawyer will need to put in a lot of time. Otherwise, stick with an hourly charge and pay them up front - it'll be a lot cheaper in the long run.

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