<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by stacey6199:
Hello. I was involved in a car accident last year leaving me with temporary amnesia, a fractured and now displaced acetablulum and wrist, 6 months in a wheel chair, unemployed and emotionally distressed in my life and marriage. THe defendant (20yrs old) and her father (owner of auto) have no actual assets to sue for aside from 2 cars, student loans and a home. I am being asked to settle for fear that a judgement will grant me more money than that of no fault and their liability and lead them into bankruptcy at which point I will have to spend thousands for doctor's testimony and still be cheated. Is this really my only ally? THe doctors assure that in 10 years (if I am lucky) I will need a total hip replacement which will be complicated by my mitral and aortic heart implants (not resulting from the accident). My insurance carrier now deams me fit to return to work while my doctors disagree (as do I) suffering from neck, back and hip pain as well as carpel tunnel syndrome (as a result) and while on muscle relaxers and spasm inhibitors. I am no longer receiving loss wages and am awaiting a reconsideration from my insurance.
Any suggestions?<HR></BLOCKQUOTE>
My response:
You really have no choices if your damages are completely accurate. It is a sorry day when an attorney must sue a defendant and place a house in danger, which is something that is always avoided if at all possible. But, you have little, if no, choice.
The defendant, however, will undoubtedly file for bankruptcy protection, leaving only the small policy of insurance for you anyway.
You can settle with the defendant's insurance company, and if you have proper "underinsured motorist" coverage on your auto policy, that's where you should be making your claim. Make sure that you seek a consultation with an attorney about this particular point. There are certain rules and laws for underinsured motorist claims that must be fully explained to you.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
