Lawyer needed or go on my own?

[mannyez1]

What is the name of your state?California

V1 = Driver at fault, going too fast, rear ends me with SUV
V2 = Me, in a Corolla
V3 = Driver I rear ended, in a Prelude

I was going 10 MPH on an offramp and about 30 feet away from V3. V1 comes flying out of nowhere and hits me at about 55 MPH. She hits me so hard she pushes me 30 feet into V3. My car has major damage, V3's car has slight rear damage, V1's SUV had medium front damage. I am taken away in an ambulance for possible damage to my spine.

The police report puts total blame on V1. I was pronounced not at fault because I was following V3 at a safe distance.

The driver-at-fault (V1) insurance company is admitting their insured is at fault for both accidents. My car is totalled and I am going through physical therapy to help my back and shoulder pain.

I informed my insurance company of the accident and told them to stand by. I also informed the other driver's insurance company of the accident and they sent me a lowball check for my totalled car. I haven't signed anything and I sent them a considerably higher counteroffer for my car. No response yet from them.

Since my PT is not done yet, I will be filing a claim for medical and pain and suffering at a later time.

I am worried that the at fault driver's policy limit will be maxed out before I can make my full claim. I was more seriously injured than V3 (who I guess is also filing a claim against V1) but is this a first come, first served situation? Will the insurance company pay him more if he comes to the table first?
Your advice is greatly appreciated.

 

[rmet4nzkx]

Please consult a Personal Injury attorney, if you have a good case they should take it on contingency. Since it is possible that your injuries may exceed the policy limits, it is very inportant to have an attorney. Also since your accident took place on an offramp it could involve the state and or city as well. Did you take pictures of the offramp? Have there been any changes since the accident? Is there a history of accidents on that offramp?

 

[stephenk]

do you even know the policy limits for the vehicle that hit you? When did the accident happen? What injuries were diagnosed? What type of therapy have you been receiving? what are your medical bills?

 

[mannyez1]

do you even know the policy limits for the vehicle that hit you? When did the accident happen? What injuries were diagnosed? What type of therapy have you been receiving? what are your medical bills?

Thanks for the reply.
1. I don't know the policy limits of the person who hit me. Is there a way for me to find out on my own or can only a lawyer do that?
2. Accident happened on 9/7/2005
3. I had various cuts and bruises, pain on my whole left side, and was taken away in an ambulance. No broken bones, but possible nerve damage to my shoulder. On PT for the the past 2 months. It helps but the dull shoulder ache is still there.
4. Med bills close to $5000 and counting.

 

[stephenk]

you can request the other carrier to reveal the policy limits. they would have to ask their insured's permission. If the insured says no, then your only way to get the information would be to file a lawsuit.

In California the minimum amount of liability coverage is $15,000 per claimant with a $30,000 minimum limit per claim