Auto Insurance Claims: auto accident, hard knocks

Question
I was involved in auto wreck 1/12/2010.  The person from the medium of the highway comes into my path (I was going 65mph)I slammed into her vehicle & flipped.  Thank goodness for seatbelts.  My right foot goes thru the windshield while sliding on its top.  I have a broken R wrist crushed R foot several broken ribs.  Transported to hospital by ambulance. Wait 3weeks for swelling to go down they do surgery on my Rfoot on 2/1/2010.  Both parties have Progressive Insurance and her party takes the blame.  I am on Medicare due to fibromyalgia.  My adjuster takes 3weeks to get me a wheelchair which I thought was rude but that was only the beginning. They haven't paid any of my bills.  Progressive treated me like the menace. I went on line to find an attorney to talk with, thats how I met "PP".  Needless to say I was on a lot of medications due to the pain when PP came to my house, I signed a "contract 40%". He calls me to come to his office on 8/19/2010.   He proceeds to tell me that the other party has a limited policy of $25,000.  What about my bills, my medicare has taken care of the majority of them and I'm being sued by several bill collectors related to this accident, who's going to pay the bills.  He tells me not to worry "just don't pay them". I ask him "your getting 40% of 25000. that 10,000".  He says will you accept this offer,  I told me NO.  I can't drive due to flashbacks since the accident, the dr is sending me to neurologist now, only been released by the surgeon.  It looks like this case is still going on but my attorney wants me to settle.  He said that it doesn't matter whether I accept the money now or go to court the fact is she only has $25,000. By the way the woman had outpatient surgery @ the local hospital that morning, prior to pulling in front of me around 1pm. HELP

Answer
Barbara,

 Unfortunately, you need an attorney.  There is potentially some liability on the hospital / surgeon /facility for letting someone go that may not be able to properly operate a motor vehicle.  I would be looking into that.  I am not an attorney, therefore I can't assist, but if I were you, I might simply tell my attorney that I am not settling for $25K and ask him just to release his 40% interest so that I could handle it on my own.  Then find a different attorney that will name a responsible third party as the hospital / surgeon / staff at the hospital / facility that let the negligent driver leave (only if her condition was the reason for the accident, or if it is likely that it was).  Minimum limits are minimum limits and there is nothing you can do about it.  Sue, name everybody that is potentially responsible for your damages, and then hope that the insurance company ponies up their limits (without a release of their insured) and then that somebody else steps up and offers some money out of fear that they might be held responsible.  The insurance company will definitely pay the $25K, it's the paperwork that comes with that payment that you need to have an attorney look at.  You don't want to release the negligent party if they have assets that might be liquidated to satisfy a judgment.  You need a good attorney that will work on a 25% - 33% contingency.

  I hope this helps.

JP