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
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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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
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.
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.
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.
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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