• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

how is this fair

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lams

Junior Member
What is the name of your state? Alabama
I was hit from behind by an 18-wheeler nearly two years ago now. All the truck driver ever said was he just didn't see me. I was going about 55 and was hit very hard from behind. My car was totaled. I went to the doctor the next day and I had some back and neck problems and received physical therapy as well as several doctor visits. My daughter and her boyfriend (both 19) were in the car with me and had very minor injuries, stiff necks and were given muscle relaxers for about a week. My treatment lasted about six months. I talked with my lawyer today. My insurance, not the truck driver's, paid for my car and the medical expenses. My lawyer said I would receive about $9,000 but after legal expenses and paying back my insurance company I would come out wtih approximately $4,000. Is it normal to have to repay my insurance company and how can I not get more for nearly being killed due to his negligence and I wasn't doing anything wrong? I'm very glad the accident was not worse than it was but it is a miracle we weren't hurt much worse.
I would have had the car paid for a year ago and not I have to pay car payments for three more years. It just doesn't seem right. Does it sound right to anyone else?
lams
 


fcobarr

Member
yes, you will need to reimburse your insurance for what they paid out on your behalf. It's referred to as subrogation. Medical bills is part of your settlement, why should you profit when they paid the bills?

It doesn't sound like there were any permanent injuries.

"Nearly being killed" doesn't amount to much monetarily if there were no injuries.

Is your lawyer working on contingency? Did you sue the truck driver or is your present attorney being paid by the hour and negotiating on your behalf?

If you're unhappy with the offer, and an attorney thinks he can get you more than your current offer, get him to work on contingency and see where things go. Just beware of your statute of limitations to file suit. It's usually 2 years. If you switch to another lawyer, you will still need to pay your present attorney what you agreed upon.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top