I hired attorney right away, but still my case has not settled.
My attorney said that the accident was not my fault, but defendant had state minimum insurance $12,500. My medical fee was almost $8,000, and my health insurance paid the cost except my copay, but I know that I have to pay back the cost to the health insurance after I settled.
I feel like $12.500 is not enough to cover my mental damage, medical fee and attorney fee.
My attorney says that even if I sue the defendant and try to get more money than state minimum, the person usually can not pay it.
I do not understand my attorney said this comment before he investigate the defendant financial status.
What should I do? Should I give it up?
1) I assume you do not have Uninsured Motorist Coverage on your policy? If you do, clearly that would be the way to go.
2) Ohio's statute of limitations for personal injuries appears to be 2 years. If the crash was four years ago I am a little in the dark as to why your case is still viable. Is it already in suit?
3) The common wisdom is that people with minimum limits policies and non-fancy cars tend not to have assets. Most personal injury lawyers will not pursue private assets.
4) A frequent solution in Georgia is approach the health insurer and tell them you are going to drop the case altogether (meaning they get nothing) unless they agree to take pennies on their reimbursement claims. If you don't get a settlement, you don't owe any reimbursement.
As I am licensed in Florida and Vermont, I cannot comment specifically on Ohio law. However, generally, the situation which you describe generally would trigger underinsured motorist coverage, if you carried that on your own auto insurance policy.
As you appear to be represented by current counsel, I would suggest that you schedule a face-to-face meeting with your attorney and explore the current status of your claim and also determine when the statute of limitations may run on your claim.