QuestionSince breaking cervical spine stabilizing plate in 1/08 MVA, I've languished in pain,anxiety & self pity. Ins claim for auto damages were paid by at fault driver's coverage (my own had lapsed). Without attny, I've sent $10k bills(E.R, diag & pain mgmt mostly) w/narratives as requested by carrier, as well as surgical plan, which will clearly exceed $25k policy limit.
Will printed x-rays and $30/hr loss wage statement make much difference now? 10wks out from statute limit, carrier says files are in w/auditors - call back in 2wks.
As I prepare for posssible suit, if settlement offer inadequate, to what degree might I negotiate attorney's fees?
AnswerLynn,
Sorry to hear about that awful sounding situation. There's nothing more frustrating than listening to someone who deserves more but is limited by a small insurance policy.
If I understand your situation: (1) you were in an accident where the other driver was at fault, (2) he only had a $25k auto policy, (3) you had a prior surgery and stabilization to your cervical spine that was damaged in the accident, (4) your current damages seem to far exceed the other drivers $25k policy, (5) you have not retained an attorney, and (6) the statute of limitations to sue will run in 10 weeks.
Assuming all that is true I can make a few suggestions:
(1) You should retain an attorney ASAP,
(2) You can negotiate fees with the attorney - most states provide for an attorney to receive 1/3 of you net settlement (but some states provide for higher fees),
(3) At my firm I sometimes waive fees entirely if it's a very serious injury and a small policy so it's possible that you might find a sympathetic attorney,
(3) The x-rays and lost wages information will certainly help but it seems like you're already in excess of the $25k policy. I'd send them anyway since you might as well build as strong a case as possible,
(4) If you have UIM (under insured motorist coverage in New York) it's possible that your own insurance coverage may be able to pick up where the other driver's coverage ends. UIM insurance protects you and your family if a driver causes more injuries than he or she has insurance to pay. For example, if the other driver has $25,000 worth of insurance, but causes injuries to you (or your family) in the amount of $75,000 then your UIM insurance would pay the $50,000 difference. Many people do not have adequate levels of insurance and when these people injure others, they do not have adequate insurance to pay for the injuries that they cause. UIM coverage is relatively cheap and is a great way to protect yourself in this kind of situation.
(5) Some (but not many) homeowners insurance policies or umbrella insurance policies orivude coverage similar to UIM coverage - check with your insurance broker or agent.
(6) You should file suit as soon as possible to preserve your rights. Many times insurance carriers play games with you while that matter is only in their claims department but as soon as you file a lawsuit they realize that they have to pay and the matter is resolved quickly.
I hope this was helpful.
-Ernest Ferraro
