Severely injured going broke...

What is the name of your state? North Carolina
I was in an auto accident on 7/22/04. I was driving when the other party crossed the center laine and hit me head on. During the accident the van I was driving rolled to the drivers side and my arm had fallen out of the window and was stuck between the road and the van as it was sliding across the asphalt causing extreme damage to my arm. I have had 2 surgeries, one was a reconstuction of my elbow involving a plate, 6 screws and 3 pins. The other was a 4"x4" skin grft where the skin was worn away. I may still have to have another surgery to recieve a bone graft because due to 2 compound fractures bone was also destroyed and left on the road during the accident. I also own a small construction business that was doing really good prior to the accident.This business now is not feasible for me to run since I have very limited use of my arm...maybe 30% of what it once was. The driver of the other vehicle was undisputably at fault and was driving his brothers car. He was cited for failure to yield and DRIVING WITHOUT A LICENSE. He had the minimum requirement of liability in the state of NC which is $30,000. Luckily I have uninsured/underinsured coverage for $50,000 which I have been told by my lawyer is the maximum I can collect unless I sue the driver 0f the other car which after an asset search would prove to be futile. We also have the same inurance company so that causes a big problem I think also. In the past 4 weeks since the accident I have recieved over $60,000 in medical bills alone not to mention lost wages. My arm is also severely deformed. I am not even going to mention pain and suffering as you can only imagine. Is there any other recourse I have to collect some money other than the initial $50,000 which after paying the lawyer would leave me to pay a very sizable chunk out of pocket. I have heard many things from different peopl and attorneys such as suing the insurance company...and are there any laws stating what I am entitled to?

[You Are Guilty]

Suing the insurance company for what? It sounds like they are already paying you. You can sue the other driver, but if there are no assets, there are no assets. Do you have health insurance?

I do have helth insurance but they are givingme touble because they are saying that it is the auto insurance companys responsibility to pay for medical bills and what bills they have paid they are wanting reimbursed for by the auto insurance

[stephenk]

Here goes. You make a claim against the other driver's insurance carrier. With your injuries they will most likely offer you their insured's policy limits of $30,000. Unless the other driver has any assets, you will most likely be in a position of having to accept the $30k. That will end any action against the other driver.

You then make an Underinsured Insurance claim with your own carrier. Again, with your injuries you will probably be offered the $50K policy limit.

$80,000 gross is all you will be able to collect on this case. Out of that amount, you attorney should try to work out a reduction in the medical bills. You wont be getting much in your pocket. Hopefully all of your medical bills will be paid out of the settlement.