Auto Insurance Claims: Head On Auto Accident, neck trouble, minimum insurance


Question
Dec. 2005, head on acccident, not our fault. 4 cars/7 injured, we were on vacation in an other state (ohio).  We took the full impact head on, then hit from behind/passenger side. At fault driver had state minimum insurance.  Our's is picking up the tab we have underinsured coverage(washington). At fault driver's insurance wants to settle since there isn't enough to pay all bills/individuals. My husband has not been able to work since the accident, gone through 1 surgery on shoulder, (don't know if it will make it better) has to have at least 1 more on hand.(he stiff armed the steering wheel at impact) I went through 5 months of physical therapy. . Will always have back and neck trouble. Child had headaches.  The car that hit us from behind is denying any fault.  
If we settle with at fault insurance company, will that interfere with our own insurance from the underinsured part/does it settle our claim with our own insurance company?  We don't know how long or what extend my husband's shoulder/arm will be or if there will be more surgeries.  What about pain and suffering/wages for my husband?  We don't know if he will be able to do construction ever again.  We wanted to do this without an attorney, but not sure if that's smart, but can't afford to give up 30-50% of the claim, especially if my husband can't work again. We are in big debt due to the accident.  Any advice you can give is greatly appreciated.

Answer
Hi Sarah,

You may not like what I'm about to say.  

As soon as you are done reading this you should IMMEDIATELY START CALLING ATTORNIES.

Due to the extent of you and your husbands injuries, you absolutely, positively need a lawyer. Uninsured/underinsured motorist claims can be very complicated and tricky. There may be significantly more coverage available then your insurance company will tell you. If you own more than one vehice you may be able to stack coverage. I'm not sure if this is possible in your state. You need a lawyer now.  Take a little time to interview a few different attornies. Remember you are hiring them to work for you. You need to be sure the person you sign up with is actually going to represent your best interests.  If the coverage is there, a good attorney will more than make up for their fee.

Also, what ever you do, do not make any agreements to settle or sign any releases without the written permission of your insurance company.  If you accept a settlement from the at fault persons insurance company, that could hurt your ability to collect anything from your underinsured motorist coverage.

I hope this helped.
Richard Hixenbaugh