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car insurance /acident losses

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H

hardfreestyler

Guest
What is the name of your state? oklahoma

I was in an accident in march of 2002. The driver who hit me has 25,000 in insurance. As of this date I have accrued over 70,000 dollars in medical expenses. The insurance company wants me to accept the settlement. My attorney says that he thinks the other driver has no assets, but has not done any research as of this date. I need to know what I can do the recover my expenses. What are my rights concerning the insurance company, what is my attorney supposed to do for me and do I have the right to sue the other driver if I accept the settlement.

Thank you
 


stephenk

Senior Member
do you have underinsured motorist coverage and if so, how much is the limit? if you have the coverage with limits higher than the 25k of the other driver, you can settle with the other carrier and then make a claim against your own carrier for what you feel your case is worth above 25k.

If the other driver only has a 25k policy and no other assets, what more do you expect to get from the other driver? If you accept the settlement offer you will be required to sign a release of all claims against the other driver. you will not be able to sue the driver.

or you can take your chances, go to trial, get an award, receive the 25k from the other carrier and then try to collect the balance from the other person. the other person can file bankruptcy and guess what, you get nothing.
 

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