My ex was mad at me and crushed my foot in my car door with his truck tire.. Am I only entitled to his insurance policy of 15,000? My injury resulted in broken bones and I will soon have to have a fake ankle put in because the bone is degenerating.
If your injury was the result of your ex's intentional act, I'm surprised that his insurance company is involved at all. I can't estimate what you're entitled to, but your recovery will ultimately be limited by whatever you can collect from him after you obtain a judgment. If you haven't spoken to a personal injury lawyer and had your injury evaluated by a qualified medical professional, you should do so at once.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
You are not limited to the $15,000 if your damages exceed $15,000. The Insurance Company will only pay $15,000 if that is the limit of the policy.
Typically, injuries like this fall in the gray area of auto ins coverage. The test is: was the car physically involved in causing an injury? If yes then the auto ins will cover this. I assume when you say his $15,000 insurance will cover this, you meant his auto insurance. If so, and those are his liability limits, then your recovery will be exhausted unless he has an umbrella policy, or you have a UM policy. That being said, every case is unique and you should consult an accident atty in your state to advise you on any and all other ins recovery sources..if this was a crime, you also may be able to collect restitution from your ex in the criminal case, or collect from the victims compensation fund in your state if you qualify, and even possibly his homeowners policy if he owns property...again consult with a competent accident atty in your state to get the best advice
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Have you also presented an SUM claim?
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Based on your posting, you may not be entitled to any of his $15,000 insurance policy, because insurance policies do not cover the deliberate crushing of an ankle. Insurance policies only insure for negligent, not intentional acts. I suggest that you meet with a personal injury attorney before you make any more posts on the Internet which actually may work to your disadvantage.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements 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. You can access my Legal Guides 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.
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