Auto Insurance Claims: Syrinx from auto accident, made whole doctrine

Question
I was a passanger in auto accident I did not realize the severity of my injuries until I had already signed a release with at fault driver's insurance co. I received the max from that co. I then started having symptoms much later that my doctors finally discovered through MRI that they had not previously requested. They discovered two discs in my neck that had to be replaced along with a cage. They also discovered a syrinx which developed later from the trama according to my neurologist, discovers this in thoracic spine. I received a letter from my own insurance co. to give them a call not a written letter before accepting I did place that phone call in which they stated that I could settle because they had been fully compensated from the at fault driver's insurance co. My medical bills exceeded over $95,000.00 and will continue for the rest of my life along with pain and suffering, I also lost my job  in all of this ordeal. The accident happened in Ky, my insurance co., along with my driver's which is the same co. Is now refusing to pay UIM under my policy along with driver's UIM we both had mutiple auto's insured which makes them stackable UIM on both policies is 25,000/50,000. Do I have any hope?

Answer
Kat,

 That is a complicated question.  In short, yes you do have hope.  The "made whole" doctrine may be of help you in this situation.  Due to the complexity of your question I will have a hard time giving you suggestions and am forced to do what I hate to do and advise that you need an attorney.  The UIM should pay if you can show that the previous settlement was for only specific expenses and not intended to be a complete settlement of your claim.  Unfortunately, it is hard to convince an insurance company that they still owe money when there is a release on file.  If the first settlement didn't make you "whole", then you should still be able to assert a claim.  Again, you need to discuss this with an attorney.

 I'm sorry I could not be of more assistance.

Sincerely,
Justin Petty