QUESTION

How much will I most likely to receive if the guy at fault has the maximum coverage and do both insurance companies have to pay me?

Asked on Sep 15th, 2012 on Personal Injury - Texas
More details to this question:
I was the passenger of a car and we were hit by a drunk driver while we was pulled over on the side of the interstate, car wasn't in motion.
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16 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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You ask two different questions, which I will answer separately. First, as to the value of your case, there is no "formula" to determine the value of a case. Each case is different and dependent on its own facts. A person is entitled to be "made whole," that is, compensated for all injuries and damages sustained in an accident. There are a number of different factors that determine how much money you may be entitled to, including, but not limited to: whether your injury is permanent; how the injury affected you while you recovering and whether it will affect you in the future; medical expenses; lost wages; pain and suffering; and inconvenience. If an injury is permanent, you are entitled to money, if applicable, for some or all of these items in the future as well. You calculate money for future items based on either estimates, such as the cost of any medical treatment in the future, and your life expectancy. You do not provide any information regarding your injuries and other damages so I cannot answer your question about what your case might be worth. The fact that the "guy at fault has the maximum coverage" does not have any effect on the value of your case. It only goes to whether he has enough insurance coverage to fully compensate you. Second, it is possible that both the drunk driver's and your driver's car insurance companies may both have to pay you. You likely can collect at least some money from the drunk driver's insurance company. Whether you can collect from your driver's insurance company depends on information you do not provide, such as: why was the vehicle pulled over off the roadway; how far off the roadway was the vehicle; were the lights or flashers on or off; and did the accident occur during the day or night. If the accident occurred at night, your driver did not have his or her lights or flashers on and did not pull completely off the roadway, then your driver might also be partially at fault. If only the drunk driver is at-fault, then you would collect all money for his or her insurance company, assuming there is enough insurance coverage to fully compensate you. If both driver's were partially at fault, then you could collect from both insurance companies. I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can get more information about the value of your case and the fault of the driver's involved.
Answered on Sep 27th, 2012 at 1:15 AM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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Nothing unless you have injuries. Then the type of injury and degree of permanency, scars, treatment and limitations will be determinative.
Answered on Sep 21st, 2012 at 12:27 PM

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Lisa Hurtado McDonnell
You can ask. But the insurance companies are going to ask what your damages are and they will offer what they think your damages are worth.
Answered on Sep 21st, 2012 at 12:26 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You have not given near enough information for an attorney to answer your question. What you recover will likely be limited to the amount of liability coverage the drunk driver has (you say he has the maximum. I wasn't aware there was a maximum, but I assume it must exceed $1,000,000.00, or it is less then maximum), plus possibly any underinsured coverage you or your driver may have. How much you can get up to the insurance coverage depends on how severe your injury is, whether it is permanent, and if it is permanent, how it will affect your life in the future.
Answered on Sep 21st, 2012 at 12:25 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You get paid based on real injuries not because some drunk hit you. If you don't get hurt you get nothing.
Answered on Sep 21st, 2012 at 12:22 PM

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Ronald A. Steinberg
How badly hurt? Big dollar cases mean BIG INJURIES. To expect big bucks for some piddly-a.
Answered on Sep 21st, 2012 at 12:49 AM

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Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
It will depend on multiple factors, including your injuries. You should consult with an attorney as soon as possible to help maximize your recovery.
Answered on Sep 21st, 2012 at 12:36 AM

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Personal Injury Attorney serving Boston, MA
2 Awards
Your answer depends on many factors. If you were legally parked on the side of the road with flashes on, then I would say you cannot collect from your driver for pain and suffering. What did he do wrong? You would only have a potential claim against the drunk driver. You did not describe your injuries in any way or your out of pocket costs, lost wages, medical bill amounts, etc. These factors determine the potential value of your claim.
Answered on Sep 18th, 2012 at 1:44 PM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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The minimum coverage in Louisiana is 15/30/25. This means that the maximum one person can receive in bodily injury is $15,000. The maximum the insurance company will pay out to all injured parties - whether 2 or 10 - is $30,000. The maximum the insurance company will pay out in property damage is $25,000. You may be able to receive money from the insurance company covering the vehicle you were in if it has medical payments coverage and/or uninsured/underinsured motorist coverages. You may also be able to recover from your own insurance if you have the applicable coverages. Please contact my office to discuss further. Just because the vehicle had insurance that may cover you, does not mean that you are automatically entitled to the receive money. You need to ensure that you are protected prior to agreeing to accept any money from any of the insurance companies.
Answered on Sep 18th, 2012 at 1:42 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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This is a complicated question and depends on your injuries. There may be other parties also responsible besides the drunk and the insurance company for the car you were a passenger. You need to hire an attorney to help you out.
Answered on Sep 18th, 2012 at 1:41 PM

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Commercial and Business Transactions Attorney serving San Mateo, CA at Avialex Law Group, LLP
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The answer depends on how much damage you incurred. There is not a pre-set amount.
Answered on Sep 18th, 2012 at 1:41 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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It depends on the liability of both parties. Probably only the drunk driver.
Answered on Sep 18th, 2012 at 1:41 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will be compensated, if you are lucky, for your injuries and damages. Unless you were very severely injured, the policy limits are not relevant.
Answered on Sep 18th, 2012 at 1:40 PM

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Thomas Edward Gates
Not knowing the facts, one cannot estimate damages. Only his insurance will compensate you for damages.
Answered on Sep 18th, 2012 at 1:40 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Sep 18th, 2012 at 1:40 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Your recovery depends on your injuries. The carrier for the car you were in isn't liable unless the driver of your car was at fault in some way, but if your damages exceed the drunk driver's liability limits you can tap your car's underinsured motorist coverage, if there is any. But no matter how many insurance policies there are, you can only recover your losses once. I encourage you to see a lawyer to maximize your recovery.
Answered on Sep 18th, 2012 at 1:38 PM

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