I was hit on my bike, he never looked to where he was going and just turned into me and ran me over in his truck, $15k minimum policy but medical and legal supercede that amount, and I owe 4 months rent, utilities, and student loans, so ho do I get a settlement of net cash to me of $12k? So I can move on with my life, thre isn't even enough money to pay medical, and legal right now so how do I get the money that I need to move on and not be homeless and incomeless?
Personal Injury Lawyer
I am not sure what you mean by legal expense - unless you have an attorney. You will need the assistance of an attorney to help explore other avenues of recovery like other available insurance policies, ie was defendant in the course and scope of employment? Were you? do you live in a household that someone has an uninsured motorist policy? An attorney can also attempt to negotiate our medical bills and may be able to get the defendant to make an out of pocket contribution. Sounds like you are also missing work - have you applied for state disability? If liability has been accepted by defendant's insurance a policy demand can be made
12 lawyers agree
Personal Injury Lawyer
I had a similar case with a minimum policy issue; however, after we exhausted the truck driver's insurance policy limits, we explored potential defendants at fault. After our investigation, we proceeded with a lawsuit against the property owners. However, you may have additional partys responsible for your damages...unsafe road conditions and other potential legal theories could be a possibility to pursue. Good luck and keep the faith as there are potential avenues of recourse.
Los Angeles City Law, APLC
Edward Ramsey, Esq.
8889 W. Olympic Blvd
Beverly Hills, CA 90211
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Personal Injury Lawyer
How did you determine that the truck only has a 15K policy. Did the insurance adjuster show you a copy of the policy?It sounds unlikely but you may want to insist on it. Was the truck driver driving a company truck? Before you give up on this you may need to consult a personal injury attorney to seek if there are avenues of a higher recovery. There is generally no charge unless there is a recovery.
I suggest that you seek a free consultation with any members of this forum and you can also reach our office at 1(800)743-4040. Good Luck
Car / Auto Accident Lawyer
You have a lot of questions that are tough to answer in a short paragraph.
You're best bet as everyone has previously suggested is to gather all your documents and talk to a lawyer. A lawyer will address all your questions.
Your first job is actually securing the insurance limits. Unless, the insurance company has already offered the policy limits, you need to demand these. In your situation, it is worthwhile to ascertain whether or not the truck driver is insured under any other policies or has personal assets or cash to contribute to your settlement.
Further, you may qualify for some programs that will assist in helping to pay your bills or you may be able to negotiate the bills down due to your uninsured status.
Lastly, if you have a car or truck, get a copy of your insurance policy as it may afford you coverage depending on the extent of your insurance limits.
In short, do not sign a release of claims or cash 15k settlement draft/policy limits without speaking to a lawyer.
5 lawyers agree
Talk to your attorney or call one of these fine attorneys in your jursidcition. Simply because someone says that their policy limits are 15,000.00 does not make it true. Did you look at the declaration page of the policy? Did they sign an affidavit of no other insurance. Have you looked into the Defendant's assets (you can check yourself by looking at property tax informaion in your state, use zillow.com to check out the property address which gives a value of sorts). You were on a bike? motorcycle or bicycle? You said no insurance, do you mean medical insurance or vehicle insurance? If you live with anyone that has a car look to see if you qualify as an insured under their policy. Can you get the medical bills reduced which yields a greater recovery. Again, it is important, sit down with an attorney in your area.
I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
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Criminal Defense Attorney
If the driver has assets, you are not limited to his policy limits. Do you even really know what those limits are?
Talk to some personal injury lawyers there in Fullerton. Right away.
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