Auto accident leads me to bankruptcy

[Wai]

Dear sir,
(California)I've injured in a car accident at 9/11/98.
My chiropractor suggest me to find an attorney because the other party insurance company only pay me 75% of everything.
I am almost recover by the accident now, I want to settle the case, the attorey send me a letter let me know the other insurance company only pay up to $15000. Medical payment and attorney fee is $13500, I only have $1440. Since the accident occur, I've lost my job and I can't even pay my rent. I've been out of work for 1 and1/2yrs,now, because of the accident I have to file bankrupcy. I've asked my attorney, he told me that "that's the way it is, you can't do anything."
I didn't sign the paper yet, can you give me advice?
1.Is it reallly like he said "that' the way it is"?
2. Is most of the case will have hearing? How come I don't?

Hope you can help...
Thank's
Humphrey.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Wai:
Dear sir,
(California)I've injured in a car accident at 9/11/98.
My chiropractor suggest me to find an attorney because the other party insurance company only pay me 75% of everything.
I am almost recover by the accident now, I want to settle the case, the attorey send me a letter let me know the other insurance company only pay up to $15000. Medical payment and attorney fee is $13500, I only have $1440. Since the accident occur, I've lost my job and I can't even pay my rent. I've been out of work for 1 and1/2yrs,now, because of the accident I have to file bankrupcy. I've asked my attorney, he told me that "that's the way it is, you can't do anything."
I didn't sign the paper yet, can you give me advice?
1.Is it reallly like he said "that' the way it is"?
2. Is most of the case will have hearing? How come I don't?

Hope you can help...
Thank's
Humphrey. <HR></BLOCKQUOTE>

My response:

I am having a bit of trouble understanding you. Some of your sentences are incomplete, or don't make sense. However, if you have "Underinsured Motorist" coverage on your policy, that might help you. However, your "Underinsured" limits of coverage must be greater than the other person's liability coverage; otherwise, you can't make such a claim against your own insurance.

If the other person only had $15,000.00 liability, and your Underinsured Motorist coverage was either non-existant, or matched equally the other driver's liability limits, then yes, your attorney is correct.

You could sue the other person, and make that person pay out of their own pocket. But, a lawsuit takes a long time, and most attorneys are not interested in filing a lawsuit under such circumstances.

Whether or not you sign the final papers is strictly up to you. No one can decide that for you, except you.

Good luck.

IAAL



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