QuestionQUESTION: Car vs motorcycle, I was not at fault and she was.....I did not have UIM coverage and her policy limits are 25,000. Does this mean my hospital bills of 150,000 wont even get paid?
What about loss of wages, pain and suffering. I am disabled for life and I get nothing over policy limits? There is supposed to be a leave whole law in SC I thought.
ANSWER: Dear Kevin,
Your injuries are no doubt serious, but still I hope that you can recover to make life tolerable for you.
The "leave whole law" means that your own insurer does not have the right to subrogation versus your award. Learn more about subrogation tips: http://www.settlementcentral.com/page0459.htm Introduction to Subrogation—Forced Payback to YOUR OWN Insurer From Your Personal Injury Award
I doubt that your medical care providers will be denied a chance at your award from the tortfeasor. You might be able to plead mercy and get them to eat their bills so that you could enjoy at least a part of her low limits.
But also be informed THAT YOU DO NOT HAVE TO ACCEPT HER LOW LIMITS if she has assets that you could go after. Let's say that she has a house with equity and some other assets. Why not make a move against her assets and ignore the low limits?
Here is a little information on auto insurance policy limits http://www.settlementcentral.com/page0451.htm Directory of Legal Information on Liability Insurance Policy Limits Settlements in Personal Injury Insurance Injury Claims.
Of course you will need an attorney for that. And she would have to have a lot of assets, since she can put your award through a bankruptcy, wherein she gets to keep some low level of personal assets, plus some limited amount of equity in her home (IF she even owns a home). In most states, the equity she can protect is going to be around $40,000. If her home is worth $300,000, and she owes only $150,000, then her equity is $150,000, and of that she could protect $40,000, leaving $110,000 ready for your attorney to execute upon and to collect for you.
But . . . I am guessing that anyone with minimal policy limits also has minimal assets. In that case, you will be out of luck since you elected to ride without protecting your financial interests with a high limit UIM policy.
Sorry to tell you this, Kevin, but you are the new "poster boy" for the advice to ALWAYS BUY AS MUCH Underinsured Motorist Coverage AS POSSIBLE.
It won't do much good now, but for the future please read tips on buying automobile insurance. Everyone needs to become informed on the auto insurance purchase facts.
The Smartest Way to Buy Auto Insurance
http://www.settlementcentral.com/page8006.htm
How to buy Motor Vehicle Insurance
http://www.settlementcentral.com/page8008.htm
Best wishes for a complete restoration to good health,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
---------- FOLLOW-UP ----------
QUESTION: Thank you for your time, one last question.
My private ins from my full time job at the time paid most of my hospitalization including the emergency transport of 14,000.
They then sent a check in my name of the amount 14,000 to me.
Should I cash the check knowing there isn't much money coming? Or send it to the transport co. I am unemployed as well as being denied disability benefits.
AnswerHello again, Kevin,
We are not allowed to give legal advice here inasmuch as the boss doesn't like to face the prospect of a malpractice suit. Thus, just go to a good personal injury attorney and ask her. Most of us would see a person like you for free inasmuch as you are going to be so much undercompensated.
As for what it sounds like to me, you missed something in translating the facts to me. It sounds like your company was paid its subrogation by the third party carrier as part of the policy limits settlement, and your health carrier then voluntarily gave up its subrogation money and sent it to you. If you determine that those are the facts, it would seem that your health insurer wanted you to keep their subrogation money. Just a guess based upon what you said, so be sure to verify before spending the money.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
