Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 11/13/2002 3:40:23 PM EDT
I have a legal question for this great group of people if you all don't mind using your great intellect to help with a problem. I talked to some friends around here that are lawyers, but they said they didn't really know much about personal injury law. The background is, I was involved in an MVA in June. My total medical bills are $5300. My lost wages were $6,600. Total with all bills and losses were $12,390. I talked to the insurance agent who was more than willing to settle his claim for $10,000, which are the limits of their insured's 10/20/10 policy. Is that as much as I can settle for on the $10,000 per person or can the insurance company go up to the $20,000 mark for the per occurence limit? If any of you happen to know anything about this, I would really appreciate your input. It just seems strange that the insurance company is willing to settle so quickly for the $10,000 amount. By quickly, I mean I submitted his bills on 10/31 and the guy called to talk settlement on 11/5. Any assistance on this will be very much appreciated. I want to wrap this up but I also do not want to short myself in any way. Thanks in advance.
Link Posted: 11/13/2002 3:54:30 PM EDT
what are your injuries first of all? dont settle,talk or sign anything until you hire a lawyer. your injuries could be permanent and come back to haunt long after the money is gone.
Link Posted: 11/13/2002 4:02:28 PM EDT
It’s $ 10,000.00 per person with a per accident limit of $ 20,000.00 so if you where alone the maximum is $ 10,000.00. If they don’t offer you the limit of the policy and you take them court then they have to pay anything the jury awards you even if it’s millions in most states. If the people have homes and lots of cash then you could take them court and get a settlement from both the insurance company up to the amount the jury awards but the insurance company will only be liable for the policy because they offered you the maximum. If they have no money then no attorney will take your case. Have you checked with your insurance company to see in you have coverage that will make up the difference between their insurance maximum is and your losses? If so and you have any permanent injuries then you should contact an attorney right away. THISISME
Link Posted: 11/13/2002 6:41:57 PM EDT
So basically all I can get on a regular settlement is the $10,000 limit, rather than $20,000 for the wreck since I was alone. I'm going to try and get more but I don't have high hopes. The guy hit me at 40 mph when he ran a stop light. I incurred a contusion, shoulder injuries, and the muscles/tendons in my neck were strained severely. I am okay now. I just want to wrap this up.
Link Posted: 11/13/2002 6:48:17 PM EDT
Where are you at in Oklahoma? My sister is an attorney here in Texas and is licensed and does work in Oklahoma and she could probably answer more questions for you. If you're interested send me an IM and I can give you her contact info.
Link Posted: 11/13/2002 6:57:31 PM EDT
That's all you're going to get from the insurance company. Even if you take the insurance company to court, you will not get a judgment for more than their policy limits against the insurance company. If you take the driver of the other vehicle to court, and prevail, you could get more. There are a lot of factors there. Talk to a lawyer. Most will take a contingent fee. I have a suggestion. Go to a lawyer, and tell him that the insurance company has offered $10,000.00. You already have that offer. Tell the lawyer that you will agree to give him 1/3 of the settlement/proceeds that exceed $10,000.00. After all, why should he get 1/3 of the $10,000.00. You already have the $10,000.00 if you want it. He hasn't done anything to deserve a fee on that amount. I've heard of people doing this, and it makes sense to me. Some lawyers might not agree to that, but, at least ask and shop around. There's plenty of lawyers out there, especially in the personal injury business. Find a lawyer that will agree to put that in writing in the fee agreement. Good luck!!!
Link Posted: 11/13/2002 7:07:15 PM EDT
Top Top