My boyfriend was in a car accident, hurt his back something awful, will need surgery

Asked almost 2 years ago - Atlanta, GA

and the idiot who hit him only has 25k in liability. What exactly does that mean for my poor boyfriend as far as getting back to what he was before the negligence of the idiot

Attorney answers (12)

  1. Anthony Charles Kalka

    Pro

    Contributor Level 9

    8

    Lawyers agree

    Answered . We are sorry to hear about this accident as back surgery is a serious condition. However, do not give up hope on your boyfriend’s case. We are here to help. Many times an experienced attorney is able to find many different way to help an injured victim such as your boyfriend recover from an accident. We recently helped a client who needed neck surgery recover a large settlement and the person at fault for the accident only had a minimum limit 25k automobile policy. My suggestion is to contact am lawyer today so that a potential insurance company does not assert a “late notice” defense. We can be reached at (404) 835 8072. www.the-atlanta-injury-lawyer.com

  2. Matthew Chase Swanson

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . As it relates to his ability to get treatment now, his health insurer should assist him in paying for the treatment he needs. He may also benefit from medical payments coverage (medpay) under his own auto policy as well as uninsured motorist coverage. Medpay covers medical bills he incurs for treatment of injuries which resulted from this incident up to the specified limit. Uninsured motorist benefits may provide additional coverage for the claim above and beyond the other driver's liability coverage.

    Given the severity of his injuries, it is imperative that he discuss his options with an experienced attorney. A qualified attorney should be able to determine whether other coverage may be applicable and help him figure out the best way to use the resources available to him to get the treatment he needs.

  3. Michael Stephen Wilensky

    Contributor Level 10

    5

    Lawyers agree

    Answered . I would be happy to discuss your options with you. Call me at 404-888-0500. An attorney needs to review your case and insurance policies. Also, in order to properly evaluate this case there are more facts that need to be found out, like who's car was your boyfriend in?

  4. Jonathan P. Sexton

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . Hopefully, he has uninsured motorist coverage or the person who hit him has assets to recover from. Otherwise, not much else you can do.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal... more
  5. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    Answered . It likely means that is the maximum that the other vehicle's insurance company would be obligated to pay-out. There may be several other means available, and for this reason you should speak with a local and qualified personal injury attorney. Hopefully, your boyfriend acted prudently and purchased insurance that will provide furhter and appropriate compensation.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your boyfriend will need to turn to his own underinsured motorist coverage. Hopefully he has purchased substantially more than $25,000 worth of underinsured motorist coverage through his own carrier. If he lives with relatives who also have car insurance with underinsured motorist coverage, there is a good chance that that relative's coverage will also apply to your boyfriend. The coverage situation needs to be reviewed by a competent personal injury attorney in your area.

    Your boyfriend should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    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.

    This ans. does not create an attorney/client relationship.
  7. Darrell Brinnett Reynolds Sr.

    Contributor Level 17

    4

    Lawyers agree

    Answered . Your boyfriend need to retain an attorney. Please feel free to give us a call if you would like to discuss this matter further.




    Darrell B. Reynolds, Sr.
    Attorney and Counselor at Law
    drey1954@cs.com
    404-636-6616

    "Love all, trust a few, do wrong to none."
    - William Shakespeare

    NOTICE – 1) This email does not create an attorney/client relationship. In order to create an attorney/client relationship with this office it is necessary to enter into a written contract agreed to by both parties. 2) This email is intended only for the person(s) listed in the To: and CC: lines. It is not intended for anyone else and any reliance upon this email by other parties is at their own peril. 3) This e-mail, and all attachments transmitted with it, may contain confidential, proprietary, or legally privileged information that is intended solely for the individual(s) or entity(ies) to which it is addressed. If you are not an intended recipient, then you are not authorized to read, distribute, copy, or otherwise use any or all portions of this e-mail or any attachment. If you have received this e-mail in error, please notify the sender immediately by e-mail or by telephone at 1-404-636-6616, and delete all copies of this e-mail. Thank you.

  8. L. Ty Wilson

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . As the attorneys have stated above, when you hire a personal injury attorney one of the first things we will do is seek out any and all applicable insurance coverages, this could include, health insurance, medical payments, uninsured motorist, resident relative etc.

    Because of the complicated nature of your boyfriend's claim you should start speaking to personal injury attorneys now and find one you are comfortable with. There are several good ones. If you are interested in what to expect or what questions to ask request my book below which was designed to help people in your position understand what they need to know to make the best decision they can when hiring a personal injury attorney.

    Good luck.

    Ty

    This response is for general information only, no attorney client privilege has been established by this communication.
  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Does he have UIM on his own policy? Retain a personal injury lawyer with a low contingency fee, less than 30%, so he is left with the lion's share of the settlement, not the lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  10. Sam Louis Levine

    Contributor Level 14

    2

    Lawyers agree

    Answered . I am so sorry that this happened to your boyfriend. I know what it's like to get in a wreck & have back surgery. It's not fun, but I have been through the process and maybe I could share my experience & insight with you and your boyfriend. There may be additional money available under your boyfriend's car insurance policy and there might also be other coverage available to pay for his medical bills, but I would need to see the policy. There are other some other innovative options besides surgery for back problems. I would be happy to talk with you guys and/or meet with ya'll if you are interested. If nothing else, I could share my experience with ya'll about my ordeal from a patient perspective and answer any legal questions that you may have. I am reachable on my cell phone 24/7 at (404) 468-4689. I wish ya'll the best of luck & take care.

    From one back pain sufferer to another. Sam Levine, Esq., Attorney at Law (404) 468-4689 :-)

  11. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I hope he gets better soon. It is important that he see a lawyer ASAP.

    If he carried uninsured motorists coverage, and hopefully he knew how essential that is, an attorney may be able to collect money both from the other driver's policy and his policy.

    Additionally, if the other driver has assets (or a paycheck) it may be possible to sue him directly.

    Many details are needed. If your boyfriend does not have a lawyer, I'd be glad to offer a free consultation. I've been doing this for over 32 years. My number is 404-768-3509.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  12. J. Phillip Boston

    Contributor Level 7

    1

    Lawyer agrees

    Answered . I largely agree with the other attorneys' comments. As previously stated, your boyfriend needs to determine, with the assistance of a personal injury attorney, whether there is any uninsured motorist coverage available. (Uninsured motorist coverage includes "underinsured motorist coverage (when the other driver doesn't have enough coverage to cover the full value of the claim)). This area is quite complicated. He may have coverage under an vehicle policy other than his own. If he has "ad-on," rather than regular uninsured motorist coverage of $25,000.00 for example, he may be able to collect $25,000 from the other driver and $25,000 from his own uninsured motorist carrier. My website goes into significant detail on uninsured motorist claims.

    It is very important to verify that the other driver only had 25k in liability insurance; there's a formal way to do that. It's very unlikely that any attorney would be willing to go after the other driver's personal assets; it's simply too difficult, and often impossible, to collect.

    If the other driver's insurance company refuses to settle the claim within the $25,000 policy limits, and the claim has been presented properly by an attorney, it is possible that the insurer would later be forced to pay the full value of the claim.

    Finally, it's very important that your boyfriend speak with an attorney before accepting the other driver's $25,000 policy limits. Without the right language in the Release, he will be waiving any claim for uninsured motorist coverage.

    Please feel free to give me a call at 706-549-9500.

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