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 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 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
"Love all, trust a few, do wrong to none."
- William Shakespeare
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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.
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.
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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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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?
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 advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.
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
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.
This response is for general information only, no attorney client privilege has been established by this communication.
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
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 :-)
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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
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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