I was in a car accident last year and well my medical bills are way above $50,000 and it was other drivers fault

Asked almost 2 years ago - Cumming, GA

i was rear ended in a car accident last year and now after little over a year i was told my surgery would cost $90,000 and this boy that hit me was 19 to 20 years old and we dont have enough left in the insurance policy to cover my surgery what can i do should i settle my case now and file for medicaid me and my fiancee is worried and the pain is terrible please help

Additional information

i have had alot of black outs went thru epidural shots and everything went to see nuerosurgeon and he told us it would cost us $90,000 to have surgery and we only maybe have about $60,000 left in our limits the boy is too young to sue or take to court as he has no assets as he is only maybe 19 to 20 years old and my coverage is only $125,000 my lawyer wants to close case and get medicaid but we are not sure what to do would really like advice from other attorneys please

Attorney answers (7)

  1. Angel Agustin Figueredo

    Pro

    Contributor Level 6

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    Answered . Your lawyer should find all available insurance coverage. From your question it sounds like he/she has. In the end it's the insurance companies that will pay you. Even of you get a judgment against the person who hit you, he can file bankruptcy. Unfortunately in your situation it appears that there is not enough insurance to cover your losses. I'm sure you have a good lawyer, you should discuss your concerns with him/her.

  2. Glen Edward Ashman

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    Contributor Level 20

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    Answered . Your lawyer is best equipped to maximize recovery from your policy and his policy. No one here will have the details to second guess him.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. L. Ty Wilson

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    Contributor Level 13

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    Answered . As the other attorneys have said if you have counsel this is a discussion for them.

    If you do not have an attorney you should retain one quickly. An attorney will seek to discover all available coverages.

    Some insurance coverages may already be expired.

    Good luck.

    Ty

    This response is for general information only, no attorney client privilege has been established by this communication.
  4. Andrew Daniel Myers

    Contributor Level 20

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    Answered . Where your attorney has all of the facts and the history as to how this accident has so seriously impacted your life and will continue to impact your life you need to rely on the advice of your own attorney. On it's face, based on the summary, the advice sounds correct.

    I have had my own clients talk to others about a particular concern that they have and the things that people tell them, people who have absolutely no knowledge about the full context of their case, are nothing short of irresponsible. People that second-guess often give second-rate opinion.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. Christian K. Lassen II

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    Contributor Level 20

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    Answered . Your lawyer would be able to advise you best. Make sure your lawyer isn't deducting a high contignency fee (30% or higher), so you are left with the lion's share of the settlement, not him.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Scott J. Corwin

    Pro

    Contributor Level 18

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    Best Answer
    chosen by asker

    Answered . You need to address your concerns with your attorney. I hope you found my answer helpful.

  7. Neil Richard Flit

    Contributor Level 9

    2

    Lawyers agree

    Answered . Make sure your lawyer does an asset check on the defendant before accepting the policy limits and make sure there is no UM or UIM coverage available If there is , accept with a limited release only.

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