QuestionAt fault driver age 22 hit Taxi I was passenger in on rear driver side at 60 mph or greater. Both cars totalled. The taxi trunk and several of my things inside the trunk were major damaged. My right shoulder and arm smacked hard against the car door and seatbelt coming across my right shoulder left a bruise and caused pain and swelling several days later pain was so bad I put ice on it (I'm a nurse 25 years) and I thought it would get better but it did not. I saw my Primary care doctor soon after the accident because I needed something for pain. Accident Happened in Feb 09. Accident happened in PG county MD, At fault driver car had MD tags. I have been released by my surgeon. Narratives from all doctors are in. Medical bills for Surgery, diagnostics, PT, Chiropractor and medications are 45K, Lost wages, future lost wages, transportation to appointments, 20K. Injuries are permanent and causative of the accident per the Ortho surgeon and Primary Care. I do not know policy limits of anyone except myself. I have UIM 50/100K. #1. Tell me several other possible tortfeasors that may be an option. #2 The owner of the car driven by the at fault driver belongs to his aunt who showed up at the accident scene and was very angry at him for wrecking her car. Which insurance pays first His (if he has any), maybe he lives with his parents (theirs), or his aunt? #3 Since I am released from care will this claim have to mature 1-year before being settled (this is what I am being told by friends) #4 Although the taxi driver was not at fault will his insurance carrier pay any part of my expenses? #5 Do you think I can negotiate this one on my own or do you suggest I move forward with an attorney because of complexity. Thank you for your advice.
Answer#1. Tell me several other possible tortfeasors that may be an option. #2 The owner of the car driven by the at fault driver belongs to his aunt who showed up at the accident scene and was very angry at him for wrecking her car. Which insurance pays first His (if he has any), maybe he lives with his parents (theirs), or his aunt?
When I answered this yesterday, I think I was assuming the a fault driver was uninsured for some reason. Sorry about that. The insurer for the vehicle that struck you is primary for liability coverage. If that vehicle was not insured or if they deny him coverage, the driver could seek liability protection from his own policy (if he has one) or his parent's policy (as long as he is not excluded by them for some reason#. If those policies provide coverage they would be secondary to that of the vehicle that hit you. If none of those policies provide coverage, you can go to your UM policy, and they will act as if they provided liability coverage for the guy who hit you.
I would start by calling the insurer for the vehicle that hit you and asking if they will provide coverage and how much their limit is. They probably won't tell you their limit unless it is clear that your claim will exceed it. But they have to tell you if they will pay your claim. If they deny coverage, then seek assistance from your insurer and ask them if they will provide UM coverage and the limit. They will need to investigate to determine where coverage may come from.
The UIM limit is not in addition to coverage from the other driver, it is inclusive. So lets say the car that hit you was insured and had a $25k limit. Your limit is 50k, so you would get 25k from the other insurer and 25k from yours. #50-25=25. If the other insurer's limit is 50k, then you get nothing from your UIM.
You also can sue the driver and owner and try to take money beyond their insurance. But if they don't own much, you can't collect much.
#3 Since I am released from care will this claim have to mature 1-year before being settled #this is what I am being told by friends)
You can settle at any time. But it normally is smart to wait until you know what future care and costs you will have before you settle so you can determine a fair value. In MD, you have 3 years to settle your caim or file a lawsuit before the statute runs. If you don't expect things to change much, try to settle sooner.
#4 Although the taxi driver was not at fault will his insurance carrier pay any part of my expenses?
Not likely, but you should call and ask them to be sure. The normally do not cover passengers unless the driver was liable.
#5 Do you think I can negotiate this one on my own or do you suggest I move forward with an attorney because of complexity. Thank you for your advice.
This is complex and an attorney would be helpful. But if the insurance is limited to $50k, then you know your claim is worth more than the insurance. It would be a shame to let an attorney take some of that money, since he can't get you more than the policy limit, which you could get on your own. But the attorney will probably do a better job of making sure you are not missing some insurance policy out there, or finding out of there are assets that make it worth suing the driver/owner.
I would probably hire the attorney to find out what kind of coverage and options exist. If he tells you he can only get $50k, then fire him and get it on your own. He will file a lien and take some of the money from you for fees, but probably less than if you let him settle the claim.
PS - Make sure you have checked with Allstate about using your Med Pay or PIP coverage.
Good luck
