QUESTION

How much should I expect from an accident with a man with minimum insurance and has been setenced?

Asked on Oct 28th, 2013 on Automobile Accidents - Michigan
More details to this question:
I was involved in an accident and that time, I was 8 months pregnant. I had the baby a day after the accident and I was not due for another 2 weeks. The guy who hit me from behind on the freeway was drunk and after hitting me, he fled the scene. He had a minimum insurance and has been sentenced. My lawyers have settled but now, they are saying that they are negotiating with the hospitals because they have a lean on the check. How much should I expect if anything at all?
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8 ANSWERS

The hospitals normally will reduce their lien so that they do not get more than you net from the accident. Your attorneys could claim they are entitled to a 1/3rd fee as to the lien under the common fund doctrine [and as a matter of good practice give that attorney line fee to you]. They probably did little work on the case since it was a minimum policy settlement.
Answered on Oct 31st, 2013 at 7:52 AM

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Alexis Anne Plunkett
Wait, what? If your attorneys have settled the case, they absolutely should have informed you of EXACTLY how much money you will be receiving, both if the liens cannot be negotiated or an estimate based on past negotiations. If the case settled, you should have approved the settlement, as it is your decision to make and not the attorney.
Answered on Oct 31st, 2013 at 7:41 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You did not say you were injured or the child was injured. So what is the claim about? Have you been promised the 30000 minimum coverage if you get the 30 you have to pay medical bills (liens) and atty fees. Your attys are trying to diminish the lien amount or amounts. Ask you lawyer. her can give you an approximate figure. it should be not less than 10 with attys paid and liens satisfied. Have you checked (I assume your lawyer did) and do you have underinsured motorists coverage?
Answered on Oct 31st, 2013 at 7:31 AM

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Lisa Hurtado McDonnell
It's hard to say without know how much your medical bills were and the policy limit of his autp insurance, however if you have insurance and his wasn't enough, you can file a claim with your insurance company to compensate you for your injuries.
Answered on Oct 31st, 2013 at 7:30 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Thre is really no way of knowing. I would need to know what they settled for and the amount of the liens.
Answered on Oct 31st, 2013 at 7:26 AM

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You have your own "lawyers", so ask them. That is why you hired them, and that is why they are charging you a contingent fee for services rendered.
Answered on Oct 31st, 2013 at 7:24 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Not sure this is a Michigan question, for if it truly is, your OWN motor vehicle insurance company will pay all crash related medical bills, so you/your lawyers would not be paying hospital bills out of your 3rd party settlement. You would also want to check to see if you had under-insured Motorist coverage, for if you did, it would start providing it's limits after you exhausted the limits of the negligent driver, but usually only if you received permission from your insurer to settle the claim against the under-insured driver. Also, there would be a potential for a dram shop action if the intoxicated negligent driver could be proved to have been served alcohol after he showed signs of visible intoxication. This would possibly provide another avenue of 3rd party recovery. I trust your lawyers explored this possibility. Also note Michigan has very specific requirements for giving notice regarding such a claim.
Answered on Oct 29th, 2013 at 2:13 PM

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Ronald A. Steinberg
Less than you would have gotten if he did not have minimal insurance. But, at least he had some. There are a lot of those kind who drive around crazy, stupid, stoned, etc., and they have NOTHING.
Answered on Oct 29th, 2013 at 2:11 PM

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