This is a question you should be asking your attorney. If you do not have one immediately contact a personal injury attorney and have him/her work towards maximizing your recovery. www.InCourt.com
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. 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 time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com
Uninsured Motorist provision is a claim against your own insurance company. It works when the drunk driver does not have insurance or has minimum insurance. Talk to your lawyer and follow his advice. Best of luck.
This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
It doesn't sound like there is much else you can do, other than perhaps force the other driver into bankruptcy.
However, there are some insurance issues which could open up the gates for recovery.
Discuss these with your lawyer or perhaps get another opinion.
Schedule a meeting with your lawyer
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
I agree with my colleagues but will also add you need to discuss this with your treating physician. Regardless of how the lawyers play things out, this is your body.
Best of luck to you.
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
Do you have health insurance ? Were you on the job when you got hit? If not to both- did you have medical payments coverage? Did you do an asset search on the defendant? These are questions to ask before answering the surgery question- if you need the operation and only have 25k in coverage with an uncollectable defendant, tell your lawyer to get the doctor and surgery center to do the procedure for 25000 and waive his fee
I suggest that you speak directly with your attorney (not a helper) and discuss all of these issues with him or her. That is why you are paying your attorney good money. If you have exhausted your PIP benefits, perhaps you qualify for Medicaid or other insurance? Discuss all of these issues with your attorney.
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.
This ans. does not create an attorney/client relationship.
Settling with your insurance carrier for the $25,000 limits would be one option. Contacting them & providing them you injury information should be enough to settle but they may give you a hard time. Going after the drunk driver personally is another option assuming he/she has assets which are not protected. The driver behind you may have coverage and some liability I.e. following too closely, etc. you really should contact a lawyer to explain all your options and investigate further.
i disagree, what needs to happen if a surgeon has recommended surgery is to submit a demand to your insurance company under your UM provisions. if your insurance company doesnt pay then your attorney should submit a CRN which gives the insurance company an additional 60 days to tender. after that time should they not tender you may be entitled to damages in excess of your UM policy limits. you need to make sure your attorney is familiar with this process