If the at Fault carrie tendered limits of 25k...will UIM pay anything?

Asked almost 2 years ago - Savannah, GA

I had a pre-existing neck condition before the accident affecting my right side that I was maintaining fairly well. The accident caused futrther damage now causing new and more intense pain on the left side. The UIM originally offered 4k then I had an orthopedic surgeon and a neurosurgeon suggest fusion surgery to relieve pain. I collected documentation on the surgery alone that may cost up to 94k. My UIM policy has a 100k limit. What is a reasonable amount to expect the UIM carrier to offer? I am at day 28 after attorney submitted demand for policy limits. I believe they have 60 days to respond. Both at fault and UIM are State Farm. Just wondering what a resonable offer would be. thanks

Attorney answers (11)

  1. Herman Gene Burkett Jr.

    Contributor Level 12

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    Answered . Without being able to review all medical an answer can't be given with certainty. It would seem as though you may certainly be entitled to the entire policy. I would hire a local attorney to take the case. Not only will they maximize your recovery, but they may be able to negotiate your bills/subrogation interests thus netting you more money.

    DISCLAIMER: Gene Burkett is licensed to practice law in the State of Texas and this answer is being provided for... more
  2. Kevin Coluccio

    Contributor Level 20

    14

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    Answered . You have an attorney. It is best to discuss all legal and claims issues with your attorney.

  3. L. Ty Wilson

    Pro

    Contributor Level 13

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    Answered . You hired an attorney to help you, you should speak with him/her immediately. It is important that you deal with the person who has the most familiarity with your claim.

    As the others have stated without full and complete knowledge NO ONE can give you a fair estimate of State Farm will pay. I can tell you from my experience they do not want to pay 100%.

    Good luck.

    Ty

    This response is for general information only, no attorney client privilege has been established by this communication.
  4. Matthew Chase Swanson

    Pro

    Contributor Level 12

    12

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    Answered . This is exactly the kind of conversation you should be having with your current attorney. Your facts don't suggest several key facts, such as whether or not liability is clear, how significant the property damage is, what other medical expenses you have, or how much the liability carrier's limits were. Call your attorney's office to schedule a time to discuss his expectations for the value of your case.

  5. Bret A. Schnitzer

    Contributor Level 16

    13

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    Answered . You need to have the UM carrier agree to allow you to accept policy limits under most policies. In essence they need give you permission to accept the policy limits or you have not complied with the policy language. If your attorney is skilled in P.I. he will know this. Good luck.

    You should consult an attorney in your State at once.
  6. Bret A. Schnitzer

    Contributor Level 16

    12

    Lawyers agree

    Answered . You need to have the UM carrier agree to allow you to accept policy limits under most policies. In essence they need give you permission to accept the policy limits or you have not complied with the policy language. If your attorney is skilled in P.I. he will know this. Good luck.

    You should consult an attorney in your State at once.
  7. Gary A Kester

    Contributor Level 17

    12

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    Answered . Ask your attorney.

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question... more
  8. Robert Don Fink

    Pro

    Contributor Level 16

    11

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    Answered . You should discuss this with your lawyer.

    This response is not intended to act as legal advice. I am not licensed to practice law in any state other than... more
  9. Michael David Mitchell

    Contributor Level 3

    11

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    Answered . Talk to your lawyer about the situation.

  10. Lars A. Lundeen

    Pro

    Contributor Level 20

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    Answered . This question needs to be answered by your attorney.Your attorney is in the best position to know all of the facts about your claim.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  11. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Talk with your lawyer. Make sure you are in compliance with any policy requirements for your policy.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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