L
LynnR
Guest
My 14 year old son was the passenger in a one car auto accident in Oklahoma on November 11th of this year.
The driver, 16 years old, and 2nd passenger, 15 years old sustained minor injuries. However my son sustained massive injuries to his head and leg.
The only bill we have received to date has totalled $23,000.00 from the hospital, which of course does not include ambulance, surgeons, emergency room, and future medical procedures (removal of pin in his leg and skin grafting and laser surgery for scar removal on his head).
We were informed that the driver's auto insurance only has a $25,000.00 personal liability. Our own auto insurance has $10,000.00 under insured medical. Which combined will not pay for the medical bills.
We have been adviced by the Insurance Company (both the driver and our policies are with the same company) that the best way for us to handle this situation is file everything with our medical insurance. Use the $10,000.00 from our auto insurance medical policy for the deductable and co-payment. And file a "Friendly Law" suit for $25,000.00. The $25,000.00 would be put in a trust fund in our son's name and will not be available to him until he turns 18. By handling it this way the Medical Insurance cannot use the $25,000.00 as medical benefits and refuse to pay that portion of it.
When I asked the insurance company about the advisability of obtaining an attorney for advice I was told the attorney would automatically take 33% off the top of the settlement.
My questions are:
1. Can we obtain an attorney for advice on how to handle this for an advisory fee rather than a percentage? (We've never had to deal with an attorney before, so we have no idea how they work)
2. Does anybody who has been through the same type of situation, or has legal knowledge on it have any advice?
The driver, 16 years old, and 2nd passenger, 15 years old sustained minor injuries. However my son sustained massive injuries to his head and leg.
The only bill we have received to date has totalled $23,000.00 from the hospital, which of course does not include ambulance, surgeons, emergency room, and future medical procedures (removal of pin in his leg and skin grafting and laser surgery for scar removal on his head).
We were informed that the driver's auto insurance only has a $25,000.00 personal liability. Our own auto insurance has $10,000.00 under insured medical. Which combined will not pay for the medical bills.
We have been adviced by the Insurance Company (both the driver and our policies are with the same company) that the best way for us to handle this situation is file everything with our medical insurance. Use the $10,000.00 from our auto insurance medical policy for the deductable and co-payment. And file a "Friendly Law" suit for $25,000.00. The $25,000.00 would be put in a trust fund in our son's name and will not be available to him until he turns 18. By handling it this way the Medical Insurance cannot use the $25,000.00 as medical benefits and refuse to pay that portion of it.
When I asked the insurance company about the advisability of obtaining an attorney for advice I was told the attorney would automatically take 33% off the top of the settlement.
My questions are:
1. Can we obtain an attorney for advice on how to handle this for an advisory fee rather than a percentage? (We've never had to deal with an attorney before, so we have no idea how they work)
2. Does anybody who has been through the same type of situation, or has legal knowledge on it have any advice?