An uninsured driver ran a stop sign and hit my vehicle, totaling it. My daughter and I were injured and seen at a local emergency room the following day. The other driver was proven to be at fault. After an MRI, my daughter was found to have a fractured left wrist. I was diagnosed with a severe ankle sprain. This was in Feburary, it is now June and she still has wrist pain and my ankle swells to almost twice the normal size after an 8 hour shift. My insurance company offered me $400 and my daughter $1000 to settle. Our medical bills totalled almost $5000. I am shocked by the low settlement offer. Do I now have to sue my own insurance company for proper compensation and how much is a fair amount?
you should immediately consult a personal injury lawyer regarding your injuries and your daughters if she is a minor. if she is not a minor she should seek the advice of a lawyer on her own.
each state has its own requirements for recovering for injuries in an accident and without the assistance of an able lawyer deadlines can be missed that would adversely affect your case. further the insurance company that spend billions to prove what a good neighbor they are or what great hands your in is just as honest as those who tell you the check is in the mail.
insurance companies are NOT in the business of paying claims they are in the business of adjusting claims and they always try to adjust them downwards.
settling your case with out a lawyer would be like you trying to land a twin engine aircraft.
without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice
My ask why you don't have an attorney. These are serious injuries and not having an attorney puts you just where the insurance company wants you. Proof - your reaction to the "ridiculous" offers. Reach out to local and qualified attorneys. Good luck.
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 www.nyelderinjurylaw.com
Your uninsured/underinsured motorist coverage should pay, but it is likely that you will have to sue to make them do so. Although this is your insurance, under Alabama law they treat your claim as if they insure they other driver. This is counter-intuitive to many people because you pay them extra for this coverage just because things like this happen. Regardless, you should speak with an attorney regarding the matter. Anyone doing this work will be familiar with underinsured motorist coverage and will be able to advise you how to procede. There are some complicated rules about who the coverage applies to (generally the named insureds members of their households, and operators of insured vehicles), how much coverage exists and whether health insurance can claim a part of your recovery. If this is an Alabama policy, one positive is that you should be able to add up or "stack" coverages for each insured vehicle. For example, if you have three vehicles each with uninsured coverage limits of $25,000 per person/ $50,000 per accident, it is likely that both you and your daughter each have $75,000 available to you. As to what is a fair amount, it is really impossible to tell without more information and probably an examination of you and your daughter's medical records. Especially in your daughter's case, there may be future medical needs that make her losses difficult to predict at this point. That said, for the injuries you describe and clear fault on behalf of the uninsured driver, they are not treating you fairly. Good luck, and I commend you on having the foresight to buy this coverage, even if the company makes things difficult. Underinsured/uninsured motorist coverage is some of the cheapest insurance folks can buy but it is critical given the number of completely uninsured or inadequately insured drivers.
You need to sue the defendant and your insurance company. I would recommend you talk to an attorney as soon as possible.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
Never deal with an insurance company, even your own, without a lawyer as you will likely sabotage your claim, and you will either get #1 no money or #2 itsy bitsy nuisance settlement. Retain a personal injury lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not the lawyer. Good luck and be well!
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
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