Is there ANY way this settlement can exceed $30,000? What should I do?

Question

I was rear ended in a car accident and the other parties insurance accepted liability. I have attended therapy, had injections and had an m.r.i. which revealed I have disc herniations which are causing EXTREME pain. I spoke with a surgeon whom is suggesting surgery. The problem is the insurance only covers $30,000 and I do not have uninsured motorists or health insurance. I'm afraid that after paying an attorney and medical bills I won't have any money left.

Ronald A. Steinberg · Answer

You have a problem.  Under Michigan law, you would not have that problem, but obviously you do not live in Michigan.

James Kelaher · Answer

You can sue the other driver & the owner of the car and get a verdict in excess of the policy limits, but good luck trying to collect it.  The moral of the story is talk to your insurance agent about adding UM to your insurance. It won't apply to this accident, but you'll be protected for future accidents.

Jessica Barsotti · Answer

How do you know that the insurance only covers $30,000? Until you see the actual policy I would not believe any representations of the insurance company. Also, if the at fault driver has other assets you are not limited to insurance proceeds. If you have not already done so, I suggest going to see a lawyer. Most will provide a free consultation (including me) to discuss your case and then you can decide how you want to proceed.

Glen Shearer · Answer

Your only option is to sue and try to collect out of the insured driver for any excess. This will result in a lot of attorney fees and costs, however. Make certain you don't have UIM coverage. It is mandatory in Oregon but must exceed the available limits of the other policy to be of any use to you.

Paul Whitfield · Answer

You can turn down the 30 insurance, sue the other party and hope you can collected, first by getting a large judgment and secondly by finding a away to collect. Might happen but is unlikely

Loren Lambert · Answer

If the policy limits of the responsible driver are $30,000 and the driver has no assets and can take out bankruptcy then you probably should accept it. You say you don't have uninsured motorists. This is unusual. Did you sign a written, clearly worded waiver? If you didn't then you probably have some coverage. Consult an attorney.

David Stoddard · Answer

You cannot get more that the policy limits from the insurer.  You can go after the insured personally, but it is usually difficult to collect money from individual defendants.

James Eugene Hasser · Answer

If those are the limits and you don't have um, you're probably stuck with the limits. Talk to a personal injury lawyer, though. He or she may be able to find another source from which to collect.

Alexander Gilburg · Answer

You are in a very typical situation when the responsible party is underinsured.  Since the insurance company offered the limits, the only thing you can do is try to make the responsible party contribute to the settlement.  Not easy but can be done.  Since you are represented by an attorney, discuss your options with them.

Alexis Anne Plunkett · Answer

There are a lot of factors to consider in this situation. Does the person at fault have a great job? Assets? Property. If the person has deep pockets, you could pursue this past the $30,000 insurance coverage. Further, does the person at fault have any other policies of insurance, such as an umbrella policy? It would be wise to at least consult with an attorney prior to accepting any settlement in this matter.

John Galasso · Answer

You can sue the other driver along with his insurance company. If he has any assets, you might be able to go after them if you win your civil suit

Gregory Janks · Answer

Michigan law indicates that your own vehicle insurer is to pay No  Fault Benefits (PIP), which consist of wage loss, medical  treatment/testing expenses and replacement services.       The insurer for the at fault vehicle owner/driver pays for pain and  suffering, NOT medical benefits, up to the purchased liability limits.  The Michigan statute requires a minimum of $20k liability coverage be  purchased (and I have never heard of a $30k Michigan limit - they are  usually either $20k, $25k, $50k, $100k, etc.). Thus you should ask for a  certified copy of the Declaration Sheet which shows the liability limit  available on the Defendant's vehicle. You should ask for a sworn  Affidavit as to whether there is other available coverage, including,  but not limited to Umbrella/Excess coverage. Also remember both the @  fault driver and the owner of the driven vehicle are liable per MIchigan  law.       So, your medical benefits/payments should not be coming out of any  3rd party recovery. And you need to be clear on the available 3rd party  limits.

Wayne Wimer · Answer

You are in a situation that is all too common.  If your accident happened in Washington state, then your insurance company has to have offered UIM coverage to you equal to your liability limits, and if you declined to buy such coverage, that was indeed foolish on your part.  However, if you did not sign a written waiver of the UIM coverage, then your own insurance company is on the hook for the UIM coverage.   Lawyers are an insurance company's best friend and worst nightmare when it comes to UIM coverage.  We ALWAYS recommend to our clients that they absolutely must purchase UIM coverage (which helps the insurance industry collect premiums), and then if one of our clients gets hurt by an uninsured motorist or an underinsured motorist, our client fortunately will have the necessary coverage, and we can go after our client's own insurance company.

Georges Shers · Answer

I assume that you also do not have underinsured insurance coverage [uninsured coverage would not apply]. You have to find out if your own med pay coverage applies. You also need to determine whether the other driver has other assets [possibly not since $30,000 is a low amount of insurance to have]. The insurance company will likely not settle with you until you release their insured from liability. See if you can speak without charge to a plaintiff's attorney in your geographical area to see what can be done. The hospital will be willing to drop their lien and may lower it to the same amount or percentage that you are recovering.

Matthew Kaplan · Answer

I am very sorry to read this information.  The only thing I can think of is finding either potential other parties that were at fault (like a bar that served a drunk person who crashed into you.) or maybe another under insured policy that you may have from someone else you live with.

Kenneth Ricks · Answer

It sounds like you have the makings of a case worth in excess of the $30k policy limits. Without under-insured coverage you are limited to the policy limits or to pursuing the tortfeasor for the fair value of the case which I do not envy (collecting judgment can be terribly difficult). A $30k settlement is certainly not going to cover any subsequent surgery. There are ways to  open the policy limits (such as an ignored CCP  998 Offer) and you should discuss these with your attorney.  Good luck.

NA richard@jandjlaw.com · Answer

The limits of coverage of the liability insurance are only 30K? Is it an Oregon policy? You need to see the Declarations Page for that policy to be sure. Ask the liability adjuster to produce it.  Did you waive PIP and UM IN WRITING with your company?  Ask your insurer for copies of the written waivers.  IF all there is is 30K of liability coverage that insurer should tender the 30K. No need to pay a lawyer. You will have to sign a Release of all Claims so make sure you have written waivers you signed of PIP and UM coverage's from your own insurer.  Have you checked w/ DSHS to see if you qualify for Medicaid type coverage?

Jill K. Whitbeck · Answer

If the limits of the policy are only $30,000 then the absolute most you can   get from the policy is $30,000.  Your only other option is to bring a  claim  for excess against the person who hit you.  That only makes sense if the   person has assets that can be collected on.  In 99% of such cases, people   carry the limits of insurance they can afford, and do not have collectable   assets to pursue beyond their insurance policies.     It is important to get proof that the policy limits are only $30,000, and   to also get proof that the person does not carry any excess coverage (such  as an  umbrella policy).     By the way, $30,000 is an extremely odd amount  in Nevada, policies  are  $15,000, $25,000, $50,000, $100,000 and up  make sure you are not   confusing the $30k total available with the $15k per person available  as one   person, you can only get $15k from such a policy.

Hamed Yazdanpanah · Answer

There are many things you may do, including obtaining a Declaration of no Other Assets.  To be fully sure and protected, yuo should contact an attorney.  For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers.  Recently CNN?s Anderson Cooper conducted an undercover investigation into these tactics. If you have any doubt that you will require the aid of an attorney to resolve your claim and or to be compensated adequately for your damages, we ask that you take a few minutes and review these four links below, in the order they appear.  If you are unable to click on the link, please cut and paste them on your browser and then watch them.

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Is there ANY way this settlement can exceed $30,000? What should I do?

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