QuestionQUESTION: I was in a wreck in October of 2008. I was at an off ramp from the interstate when hit from behind. I was pushed into the car in front of me which hit the car in front of them. My vehicle and the vehicle that hit me was a total loss. The other 2 vehicles had a combine loss of about 5k
I had 2 of my front teeth knocked out and 7 others fractured. I am embarrassed to say that I also soiled myself (really embarrassed). Also neck and back injuries that I am seeing a physical therapist for.
I was taken by ambulance to the hospital and released in about 7 hours.
I saw a dentist the next day and they took out the nerves and put temporary crowns on my two teeth that were knocked out. The same week I saw the Endodonist which did 2 root canals and is monitoring the fractured teeth. About a month after the accident I had to go back to the dentist for another treatment to grind down the other 2 front teeth to prepare my mouth for veneers at which time they put on 2 temporary composite veneers which to date have came off 3 times.
The young lady that hit me was 18 years old and was driving a rental car because of an accident she was involved in the week before. Being that she was 18 she was not eligible to be driving the car that was rented to her mother. They did not purchase the additional insurance through the rental company.
In my state the minimum insurance limits are 10/20/10 which is what she has. I did carry 50k UIM which was not much I have since increased mine just because now I am an informed person.
When I called her insurance company 8 days after the accident because they had not contacted me I was told by her adjuster that she has the low minimums and that is all there is to offer so do not bother to contact an attorney.
My vehicle alone at payoff was 23k and I have accumulated about 14k in medical bills to date.
My question is should I seek an attorney or is this a case where I just wait until all of the injuries are taken care of and then settle?
ANSWER: Paula,
This is a difficult one, in terms of how to maximize your recovery. My initial impression is that you should not need a lawyer to obtain the $10K carried by the young lady AND the $50K in underinsured motorist benefits. Seven fractures coupled with the facial injuries make this claim worth more than that, in my opinion. I am going to assume you were belted. If not, they will argue this contributed to your injuries-particularly facial injuries.
However, there are technical pitfalls you want to avoid. For example, in Florida where I currently practice, you must obtain consent of your UIM carrier before settling with the BI carrier so they can waive or assert their subrogation rights (the right to seek reimbursement of the $50K they pay out-back from the person that caused the accident) and if you fail to do this, you waive your right to make a claim for the UIM benefits at all-a harsh result.
Also, you may be able to make a claim under moms private auto insurance policy as well, as it was mom who loaned the car to daughter and mom who was responsible for the rental car. But this would depend on the insurance policy language. Some pay out pro rata or one may be primary and the other secondary, with UIM coming last.
I would look closer into other available insurance, feel out your UIM carrier on what they intend to do (tender limits or not) and then go from there.
Good Luck
Marc B. Nussbaum, Esquire
---------- FOLLOW-UP ----------
QUESTION: Even though the mother who initially rented the car waived the insurance would there be any liability against the rental company?
Thank you
Paula
AnswerPaula,
In terms of liability, it would depend on the laws of the state. In Florida, a rental company would have liability based upon the sheer fact that they owned the vehicle being rented. (Without getting too confusing there is a Federal law referred to as the GRAVES Amendment which is being used to say there is no liability on rental companies for ownership of the rental car under certain circumstances). However, in Floria, even if you waive the excess insurance coverage, rental companies are required to carry a minimum of $10,000/$20,000 in coverage (which is used to defend against the ownership aspect of the claim). So there could be $10K from the rental company, $10K from the girl and maybe something from moms personal insurer as well. The laws of each state are different.
You could probably call an attorney and ask them if rental companies are required to carry a certificate of insurance in a minimum amount that would cover each of their fleet vehicles. You may be able to do a search on google to find this out as well.
Best of luck.
Marc B. Nussbaum, Esquire
