Do you think I have a personal injury case?

Question

I am going to give you a short description. I was a the passenger. Driver lost control of vehicle, the vehicle flipped numerous times, I slipped out of seat belt and was ejected . No broken bones, but I have deep lacerations on my foot down to the bone which will leave to scarring. Stitches above left eye and will scar. Stitches in about 4 other places that will also leave scars. So far I have missed a month of work and when I return I will not be able to perform my duties as fast as I had in the past due to injured foot. Nerve damage all over body. Bruised lung and 19,000 worth of medical bills. Their coverage only covers 10 grand. So do you think it would be in my best interest to hire a lawyer (well aware that they can take a third of the settlement) and what do you think I can get in a case like this. This happened in the state of WA.

Answer 1

If their policy limits are 10,000 an attorney can't get you any more than that.  Policy limits are just that -- policy limits.

If you have an insurance policy that covers you -- call them and file a claim for Under-Insured Motorist Coverage.

So - if you have a policy in your name and you have Under-Insured Motorist (UIM) - file a claim.

If you do not have your own policy but you live with a person related to you through blood or marriage -- call their insurance company. You may qualify for coverage under their policy.

You can ask the adjuster that is handing the liability claim about other policies you may be able to file under. When I have a claim with this type of situation -- I'm willing to tell them where else to look for coverage.

If the adjuster is not helpful -- call your insurance agent. They may be able to help you determine if there are other policies where you could get coverage.

How UIM coverage will apply -- depends on your state laws.

Good Luck. Hope you're on the mend.  

Answer 2

I don't think so, unless they chose to do something negligent that you had no chance of avoiding (ie. randomly jerk the steering wheel on purpose). But if they were drunk and you knew that when you got in the car, that is your own negligence.

Answer 3

It depends.  If the driver has assets that could pay the costs then yes.  Be sure to sue for costs as well.  Also, check local rules regarding insurance coverage.  Insurance companies are slimey little buggers and they'll do what they can to avoid paying what they're supposed to.

You could visit one of these personal injury lawyers that only charges you if they win, but they're nearly as bad as the insurance people.

Your other option would be to get everything taken care of and then declare medical bankruptcy if you can't pay the bills.  Most places will let you keep your home and car and a medical bankruptcy doesn't look as bad as a full bankruptcy on your credit report.

Answer 4

Don't bother with the attorney.  All you can recover is the $10k, if in fact that is the policy limit.  I believe however, the compulsory limits for liability is $25,000 in WA.  WA also has PIP coverage with a minimum requirement of $10k.  Has this been offered to you?  If you or a family member has underinsured motorist coverage, you should file a claim. You may be able to stack these coverages.  Ask your claims adjuster.