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CAN I GO ANY FURTHER AFTER MY LAWYER HAS SETTLED MY MOTORCYCLE ACCIDENT CASE?

Hobbs, NM |

I WAS INJURED IN A MOTORCYCLE ACCIDENT, AND I WAS NOT AT FAULT, I BROKE MY PELVIC BONE IN 2, BLEW OUT MY BLADDER, FRACTURED MY LEFT KNEE, SHATTERED BOTH ANKLES, TOR MY ACHILLES IN MY LEFT FOOT, THE LADY THAT CAUSED MY ACCIDENT HAD NO INSURANCE, NO LICENSE SINCE 2000, AND I WAS TOLD I CANT GET ANY COMPENSATION FOR THIS CAUSE SHE DOES NOT HAVE MONEY. SO I WAS INSTRUCTED TO SUE MY INSURANCE AND GOT $100,000 WHICH I'M TO SPLIT 3 WAYS, (1/3 FOR MY LAWYER, 1/3 FOR THE ONES THAT WANT TO BE PAID FOR MY AID,HOSPITAL, AIR LIFT, AND THE THERAPY PLACES) BUT NONE OF THEM REALLY WANTED TO MOVE FROM THERE BILLED AMOUNT, AND I'M ALSO STUCK WITH THE COST OF ALL FUTURE RELATED MEDICAL TREATMENTS. IS THERE ANY FURTHER ACTIONS I CAN TAKE?

Attorney Answers 6

Posted

You're lawyer is in the best position to answer that question but based on the facts the only avenue for recovery I see is suing the at fault driver personally.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

Your attorney is best suited to answer this but if I am to assume that your own policy limit was 100k, then unless you had another type of insurance policy in place, the other driver would be the only source of compensation.

Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.

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1 comment

Glenn C. McGovern

Glenn C. McGovern

Posted

Totally agree. Unless you could pursue a third party like if there was a defective product on the motorcycle or a road defect so you could sue a viable solvent party, and that was not barred by your release and judgment of dismissal you probably cannot collect more. It is easy for a party to just file bankruptcy if you go against them personally and they are not solvent.

Posted

If you accept the policy limits settlement I would assume that the insurance company's release releases both the at fault driver and his insurance company. Your attorney can explore other avenues for other parties to sue or if you have coverage on you policy to make a claim against. I suggest calling your attorney and have them explain what legal options are available to you.

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Posted

Unlikely, but check with your lawyer.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

I encourage you to talk with your attorney. However, under NM law if you signed the release with your own insurance company (uninsured motorist release) you can no longer go after your own insurance company. Hopefully, your attorney considered NM's very liberal stacking provisions which permit you to stack coverages of all vehicles and polices in determining the total coverage available. Remember, that you can also stack the policies of any relatives who resided with you on the date of the accident. Hope this helps....

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Posted

Discuss these matters directly with your attorney as I suspect that he or she has worked hard to get you all available compensation. You always can consult with another attorney in your state to review your situation. Unfortunately, as hard as injury attorneys work, oftentimes compensation is limited to the available insurance policy limits.

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