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

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

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Attorney answers 11

Best Answer
Posted

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 informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship

Herman Gene Burkett Jr.

Herman Gene Burkett Jr.

Posted

I missed that you have an attorney, he is most familiar with the facts of your case and can tell you what the claim should be worth.

Asker

Posted

yes, I do...unfortuantely, the practice has had some very bad luck recently. My attorney had a serious health issue recently which took him out of the picture for a time. I was dealing with a case manager at their office who actually was murdered in early septmeber. It sounds crazy but they have had a lot of turnover there. Needless to say, I am still dealing with 'the new person' case manager (the 3rd so far). They just tell me we have to wait 60 days and are not offering any numbers at all because I dont think they know. It's been 16 months since the accident happened. I am anxious to schedule surgery and I cannot get any firm answers on a settlement amount...even a ball park. I do feel confident that they have presented a good demand and followed all policy language. So my question is...Do UIM's usually pay or is a big fight with them?

Posted

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

Asker

Posted

Yes I agree...unfortunately, the practice has had some very bad luck recently. My attorney had a serious health issue recently which took him out of the picture for a time. I was dealing with a case manager at their office who believe it or not actually was murdered in early September. I know this sounds crazy but they have had a lot of turnover there. Needless to say, I am still dealing with 'the new person' case manager (the 3rd so far). They just tell me we have to wait 60 days for the UIM carrier to respond (I am 28 days into the 60) and they are not offering any numbers at all because I don’t think they know. It's been 16 months since the accident happened. I am anxious to schedule surgery and I cannot get any firm answers on a settlement amount...even a ball park. I do feel confident that they have presented a good demand and followed all policy language. Liability is very clear...I am not at fault at all, I was rear-ended. Only minor car damage of about3k, So far I have $8500 in medical. I have stopped any further incurring of medical bills such as therapy because I am having the surgery. And just to be clear...my attorney's practice is a complete mess. And I have not gotten answers...only that my attorney is not available. I am too far along to start a real stink with my lawyer about the lack of service to this point, so I just want it all to end so I am just looking for educated opinions...not legal advice and I am fully aware that I should be able to get this info from my lawyer but to this point I have gotten nothing! I have done all of the leg work...gathering past medical records, getting surgery codes, finding the doctors. The only thing my lawyer (or 'the practice) has done is write 2 demand packages. So any opinions you may have are greatly appreciated...this is why I am on a site like this...for an educated opinion. My main 2 questions are…1.) If the at fault settled at limits of 25k…do you think the UIM will settle at about 25k also? Even though I have a 100k UIM limit...seems like they are saving 50k. 2.) I am 28 days into the 60 day period since second demand of limits of 100k from UIM was sent out…do you think they will take the entire 60 days? Could it happen sooner? Thanks for the help.

Posted

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.

Posted

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.

Bret A. Schnitzer

Bret A. Schnitzer

Posted

Even though it is the same insurance company there are two different policies and two different adjusters assigned to each policy. State Farm in Michigan has their UIM policy require you to get written permission from the company to accept the policy limits from the third party tortfeaser. Be careful on that one.

Posted

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 the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.

Posted

Ask your attorney.

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. 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.

Asker

Posted

Yes I agree...unfortunately, the practice has had some very bad luck recently. My attorney had a serious health issue recently which took him out of the picture for a time. I was dealing with a case manager at their office who believe it or not actually was murdered in early September. I know this sounds crazy but they have had a lot of turnover there. Needless to say, I am still dealing with 'the new person' case manager (the 3rd so far). They just tell me we have to wait 60 days for the UIM carrier to respond (I am 28 days into the 60) and they are not offering any numbers at all because I don’t think they know. It's been 16 months since the accident happened. I am anxious to schedule surgery and I cannot get any firm answers on a settlement amount...even a ball park. I do feel confident that they have presented a good demand and followed all policy language. Liability is very clear...I am not at fault at all, I was rear-ended. Only minor car damage of about3k, So far I have $8500 in medical. I have stopped any further incurring of medical bills such as therapy because I am having the surgery. And just to be clear...my attorney's practice is a complete mess. And I have not gotten answers...only that my attorney is not available. I am too far along to start a real stink with my lawyer about the lack of service to this point, so I just want it all to end so I am just looking for educated opinions...not legal advice and I am fully aware that I should be able to get this info from my lawyer but to this point I have gotten nothing! I have done all of the leg work...gathering past medical records, getting surgery codes, finding the doctors. The only thing my lawyer (or 'the practice) has done is write 2 demand packages. So any opinions you may have are greatly appreciated...this is why I am on a site like this...for an educated opinion. My main 2 questions are…1.) If the at fault settled at limits of 25k…do you think the UIM will settle at about 25k also? Even though I have a 100k UIM limit...seems like they are saving 50k. 2.) I am 28 days into the 60 day period since second demand of limits of 100k from UIM was sent out…do you think they will take the entire 60 days? Could it happen sooner? Thanks for the help.

Posted

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.

Asker

Posted

yes, I do...unfortuantely, the practice has had some very bad luck recently. My attorney had a serious health issue recently which took him out of the picture for a time. I was dealing with a case manager at their office who actually was murdered in early septmeber. It sounds crazy but they have had a lot of turnover there. Needless to say, I am still dealing with 'the new person' case manager (the 3rd so far). They just tell me we have to wait 60 days and are not offering any numbers at all because I dont think they know. It's been 16 months since the accident happened. I am anxious to schedule surgery and I cannot get any firm answers on a settlement amount...even a ball park. I do feel confident that they have presented a good demand and followed all policy language. So my question is...Do UIM's usually pay or is a big fight with them?

L. Ty Wilson

L. Ty Wilson

Posted

Unfortunately, that depends upon the medical records or proof. You said you had per-existing damage to your back, unfortunately that is usually something the insurance companies like to fight, it depends once again on the type of impact, the amount of damages if the cars were drivable, the last time you had treatment for your back and what have you been able to do prior to the collision but can not do since the collision, etc. I wish the answer was easy, but it is a complicated situation. I am sorry to hear about your attorney's office. I wish you luck moving forward. Ty

Posted

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.

Asker

Posted

Liability is very clear...I am not at fault at all, I was re-ended. Only minor car damage...3k, So far 8500 in medical. I have stopped any further incurring of mediacl bills such as therapy because i am having the surgery. I guess I wass not clear...my attorney's parctice is a complete mess. And I have not gotten answers...only that my attorney is not avaiilable. I am too far along to start a real stink about the lack of service to this point i just want it all to end so i am just looking for educated opinions...not legal advice and I am fully aware that I should be able to get this info from my lawyer but to this point I have gotten nothing! I have done all of the leg work...gathering past medical records, getting surgery codes, finding the doctors. the only thing my lawyer (or 'the practice) has done is write 2 demand packages. so any opinions you may have are greatly appreciated...this is why I am on a site like this...for an educated opinion. thanks for the help.

Posted

Talk to your lawyer about the situation.

Asker

Posted

Yes I agree...unfortunately, the practice has had some very bad luck recently. My attorney had a serious health issue recently which took him out of the picture for a time. I was dealing with a case manager at their office who believe it or not actually was murdered in early September. I know this sounds crazy but they have had a lot of turnover there. Needless to say, I am still dealing with 'the new person' case manager (the 3rd so far). They just tell me we have to wait 60 days for the UIM carrier to respond (I am 28 days into the 60) and they are not offering any numbers at all because I don’t think they know. It's been 16 months since the accident happened. I am anxious to schedule surgery and I cannot get any firm answers on a settlement amount...even a ball park. I do feel confident that they have presented a good demand and followed all policy language. Liability is very clear...I am not at fault at all, I was rear-ended. Only minor car damage of about3k, So far I have $8500 in medical. I have stopped any further incurring of medical bills such as therapy because I am having the surgery. And just to be clear...my attorney's practice is a complete mess. And I have not gotten answers...only that my attorney is not available. I am too far along to start a real stink with my lawyer about the lack of service to this point, so I just want it all to end so I am just looking for educated opinions...not legal advice and I am fully aware that I should be able to get this info from my lawyer but to this point I have gotten nothing! I have done all of the leg work...gathering past medical records, getting surgery codes, finding the doctors. The only thing my lawyer (or 'the practice) has done is write 2 demand packages. So any opinions you may have are greatly appreciated...this is why I am on a site like this...for an educated opinion. My main 2 questions are…1.) If the at fault settled at limits of 25k…do you think the UIM will settle at about 25k also? Even though I have a 100k UIM limit...seems like they are saving 50k. 2.) I am 28 days into the 60 day period since second demand of limits of 100k from UIM was sent out…do you think they will take the entire 60 days? Could it happen sooner? Thanks for the help.

Posted

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.

Asker

Posted

Yes I agree...unfortunately, the practice has had some very bad luck recently. My attorney had a serious health issue recently which took him out of the picture for a time. I was dealing with a case manager at their office who believe it or not actually was murdered in early September. I know this sounds crazy but they have had a lot of turnover there. Needless to say, I am still dealing with 'the new person' case manager (the 3rd so far). They just tell me we have to wait 60 days for the UIM carrier to respond (I am 28 days into the 60) and they are not offering any numbers at all because I don’t think they know. It's been 16 months since the accident happened. I am anxious to schedule surgery and I cannot get any firm answers on a settlement amount...even a ball park. I do feel confident that they have presented a good demand and followed all policy language. Liability is very clear...I am not at fault at all, I was rear-ended. Only minor car damage of about3k, So far I have $8500 in medical. I have stopped any further incurring of medical bills such as therapy because I am having the surgery. And just to be clear...my attorney's practice is a complete mess. And I have not gotten answers...only that my attorney is not available. I am too far along to start a real stink with my lawyer about the lack of service to this point, so I just want it all to end so I am just looking for educated opinions...not legal advice and I am fully aware that I should be able to get this info from my lawyer but to this point I have gotten nothing! I have done all of the leg work...gathering past medical records, getting surgery codes, finding the doctors. The only thing my lawyer (or 'the practice) has done is write 2 demand packages. So any opinions you may have are greatly appreciated...this is why I am on a site like this...for an educated opinion. My main 2 questions are…1.) If the at fault settled at limits of 25k…do you think the UIM will settle at about 25k also? Even though I have a 100k UIM limit...seems like they are saving 50k. 2.) I am 28 days into the 60 day period since second demand of limits of 100k from UIM was sent out…do you think they will take the entire 60 days? Could it happen sooner? Thanks for the help.

Posted

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 each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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