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UIM settlement advice

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ponybone1

Junior Member
What is the name of your state? South Dakota
I don't know how much info to put into this so it may get long. I do have an attourney but would like a 2nd oppinion.

About 2 years ago I was in a head on collision with an uninsured motorist (minivan) who was cited for making an illegal turn. The speed limit was 40 Mph. The driver was also cited for not wearing his corective lenses and ice/frost was on his windshield, but it was a clear sunny day. It is uncontested that it was his fault.
I was on my way to work in a company vehicle (F-150). loss of conciousness, ambulance ride to the hospital, MRI, etc. I went into shock on the ER table, shaking from the pain, but no significant injuries were discovered. I was given the choice to stay in the hospital overnight for morphine or go home with prescribed meds. My wife drove me home and I was bed ridden for 5 days. After 3 days I broke out in a rash from head to toe from the prescription, so it was changed.

The collision was so intense that it seperated the the transmission for the engine on my vehicle, and the doors were pried open to get me out. I also had a seat belt rash and air bags did deploy.

A week after I went to my family doctor for a follow up, still barely able to walk. he recomended a chiropractor who specialized in massage therapy. I did this for about a year, over my lunch break. After I was sent to an independent medical examiner on behalf of the insurance company, who proclaimed maximum medical improvement and gave me a 15% impairment rating. 5% per neck, 5% mid, %5 lower.

I was a sallaried emplyee so no loss of wages. But I did do "side jobs" of which the amount befor the accident is documented. I did not get my company vehicle replaced, so i put about 8k miles on my personal vehicle which I took as a deduction to my taxes.

Here is somewhat of the catch, work comp and the auto insurance got into a fight on who was to cover the claim. Eventually Work comp stepped in and started paying the bills. And they stepped in and offered the maximum settlement they could by SD law. It was accepted on advice of my lawyer. throughout this though, my lawyer and the work comp lawyer continued to go after the auto insurance claiming that they are ultimately responsible.
I will have to pay back the work comp upon settling with the auto ins. co. this I understand.

I still suffer from frequent pain between the shoulders.

Today we recieved a settlement offer from the auto ins. co and I'm torn thats why Im here looking for more advice.

If more info is needed I will be glad to provide it.

"Thank You"
 


JETX

Senior Member
Did you have a LEGAL question in there somewhere?? If so, I guess I missed it.
If you just want generic advice....
"Always wear clean underwear".
"Don't drink and Drive"
"Quit (smoking) to Live"
 

ponybone1

Junior Member
The question.

I was looking for a settlement range. Wondering if settlement is better than court? As far as an actual legal question, I don't have one. If you were the attourney or plaintiff in this situation, what would you expect.
If this is the wrong place for settlement / suite / monetary advice go ahead and close this thread.

Thanks for the time

PS.
I go commando.
Don't drink much.
Never started.
 

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