QuestionI was involved in an auto accident at the fault of the other driver. The at fault driver's insurance company has already paid my total loss on my vehicle. The accident claims have been paid by worker's comp. since I was driving my vehicle during and for work purposes. Work comp is in the process of subrogation against the third party. My question is: I have been told that I have a right to a claim against the third party. My injuries have resulted in a permanent disability to my dominate hand and arm. The third party is not really wanting to pay any additional amount to me as I received a settlement from work comp for my disability. I would like to be compensated for lost wages and pain and suffering. My medical bills have totaled about 25,000...what should I expect from the third party's insurance company? Thanks for any info.
AnswerHi Sherry,
Have you seen how Dr. Settlement helps teach auto accident victims how to settle their own personal injury insurance claims at www.SettlementCentral.Com? Well, that is what I would usually do, but in this case, I INSIST THAT YOU GET AN ATTORNEY ASAP. I am sympathetic with your situation, but I am also a little bothered that you are trying to do this case on your own, so I am going to put in some extra time for you and hope that you will follow my suggestions.
This is ABSOLUTELY NOT a case to handle on your own, and I would never want you to consider using all of the legal information and insurance demand letters at www.SettlementCentral.Com because the issues here are TOO COMPLEX for a layman.
Let me explain four aspects of your case, and I hope that you will agree with me and find an attorney soon.
#1. You stand to lose a lot of money via allowing subrogation to proceed unchallenged. It is true that the workers' comp statutes do give rights for subrogation, but it is also true that there are legitimate defenses to subrogation http://www.settlementcentral.com/page0459.htm that an attorney can raise. Every thousand dollars that she saves you will put $667 in your pocket (after her fees). She will work on a contingency, and you can make arrangements for a MINIMAL FEE in the event the third party has low limits.
#2. This could easily be a policy limits auto insurance claim http://www.settlementcentral.com/page0451.htm so there are two aspects to be aware of. First, you cannot settle without giving your existing subrogees NOTICE and a chance to buy out the settlement and pursue the tortfeasor on their own (remote chance of this, but still a requirement). Second, you cannot settle without giving your future subrogees NOTICE and a chance to buy out the settlement and pursue the tortfeasor on their own (again, remote chance, but still a requirement). Who are your subrogees? A) workers' comp; B) your own personal auto insurance PIP; C) your own Underinsured Motorist carrier (UIM); D) possibly your employer's general liability insurer.
#3. You will likely have a UIM claim versus your own auto insurer. Your damages can be VERY LARGE, and NO, the amount you received from workers' comp DOES NOT mean you are prohibited from going for more money versus ALL AVAILABLE INSURANCE. I have mentioned the third party coverage, but also your own UIM. And I do believe that if you were driving for company purposes, your employer will have coverage in its general liability or its auto coverage. If you fail to hire an attorney, you will lose any chance to get to these policies once you settle with the tortfeasor.
#4. I do not know what your job is, or how your permanent disability to your dominate hand and arm impact it. But I DO KNOW THAT YOU DID NOT RECEIVE ANYWHERE NEAR VALUE if you let workers' comp dictate your award. So now you need an attorney who will get that value. She will know how to employ good experts to test you and then to tell how much money you will lose. These are specialists that you do not even know how to approach, but a qualified trial attorney knows how to prove the maximum value in your claim. She will also know how to gather evidence and prove a case for your loss of enjoyment of life. These ARE BIG DOLLARS, Sherry, so let an attorney carry the load for you here.
On her fee structure, make her take minimal fees if it turns out that the tortfeasor has only $25,000 in limits, slightly higher fees (but still NOT one-third) if the limits are only $50K. Same goes for your UIM. If the tortfeasor has only $25K and the available payout on your UIM is only $25K, then you should NOT have to pay her a full fee. Different story on the employer's insurance. There, you will gladly pay the full fee since your attorney will get you a substantial award.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes.
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
