My car's damage is minimal but the at fault party's car had to be towed away. I got herniated disks and in lots of pain. If the other party's policy only carry min coverage, what can I do to get med treatment? I have UM for 100K and another 5K for medical. Since my med cost is 150K, what can I do? Will the insurance companies give me a hard time because my car''s damage is not much? I need to get surgery done asap.
I agree with my colleagues. You should contact an attorney immediately. Many attorneys like my office will handle your case without charging you unless you receive compensation for your injuries. There are ways to work with policy limits when the medical bills are high. Call an attorney ASAP.
You need to hire a lawyer right away to take care of the case. If your doctor has incurred more than $15k and if the defendant has only minimum coverage, your attorney can ask for the policy value and not settl;e for a penny less. Once you have secured the policy value, and the meds are actually over $15k and you will need over $150 k of medical treatment, you need to have your doctor, the hospital and physical therapists give estimates of your future medical costs. Youe lawyer will advise you how to negotiate with the hospitals and other medical providers so that you can keep most of the monies. It is not an easy process and I do not recommend that you do this alone. If your damages are really that high, I suggest you consult for free with a medically trained attorney. I suggest you contact attorney Joe Molinaro, JD, MD.. He is next to you and he will see you for free. Best of luck
It has been said on this forum over and over... and it can't be said enough... anyone injured in a motor vehicle accident enough to need medical attention - and where the other driver is at fault - should absolutely, positively, no doubt about it, hire an attorney for the matter. That said, $150k in spine/back treatment is no small potatoes, and such a matter really really warrants a person who deals with these issues and these kinds of medical damages day in and day out. While some cases give the appearance, at first glance, to show an inadequate amount of insurance coverage for the damage done, an experienced attorney may be able to maximize the recovery and in some rare cases blow past the policy limits (quite uncommon, but possible).
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
First thing to do is retain an attorney. You will need to exhaust the policy limit for the at fault driver prior to being able to submit your claim for under-insured motorist coverage with your own carrier. You should also do an asset check of the at fault party prior to settling for their policy limits. There are ways to recover more than the policy limit if you submit the claim for the full limit and the insurance company rejects this offer. This scenario would likely require a demand for and, possible, actually conducting an arbitration with your own carrier. A quality personal injury attorney could assist you with all of the above.
It goes without saying that you need to retain a local attorney that can help you navigate the waters of third party and underinsured motorist litigation.
If this rear-end accident is responsible for your injuries and is the cause for your need for future surgery then you have two options. You can demand the third party's insurance policy limits of $15,000.00 and after the insurance company pays it, then proceed under your own $100,000 underinsured motorist coverage. Or, you can investigate the third party's personal assets and determine whether it is worth pursuing them. Obviously this is an overly simplified explanation of the options you have available to you. You definitely will need an attorney experienced in this area to help you in this case.
With regard to your concerns over the minimal property damage, if it becomes an issue, your attorney will need to hire an expert that can determine whether the forces involved in the collision were sufficient to cause you injury. Good luck.
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