HELP ! auto accident settlement question

[patticakes]

Involved in an auto accident in Feb of this year. I was a passenger in auto that was hit from behind while we were stopped at red light and we were knocked into vehicle in front of us. Other driver ticketed. My health insurance has paid for most of my medical claims for cervical fusion, therapy, etc. Driver of vehicle I was passenger in.. her insurance has kicked in to pay my co pay's, deductibles and lost wages of 300+ hours. At fault driver's insurance finally agreed today to process check for limits of his insurance which is 20,000. My medical bills are in excess of 60,000 to date. His insurance company informs me that I should receive disability rating (?) payment and settlement for pain and suffering and reimbursement to my health insurance company...from my own insurance company or the insurance company of the driver of car I was in.... Does this make sense to anyone? I'm in Texas, btw.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

No it doesn't make sense at all. YOu shouldn't have to pay for anything.

The person at fault should under the doctrine of res ipsa loquitor. At the very least, the driver of the car and the at fault driver should split the costs.

 

[patticakes]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

No it doesn't make sense at all. YOu shouldn't have to pay for anything.

The person at fault should under the doctrine of res ipsa loquitor. At the very least, the driver of the car and the at fault driver should split the costs.<HR></BLOCKQUOTE>

The at fault driver had a policy with limits of 20,000. That's all his insurance company says they will pay. The man himself...has nothing. It was a one month policy, at best.
What I don't understand is why my insurance company or the driver of the car i was in..as a passenger...would be required to pay the difference in my medical bills - over and above the 20,000 he's going to pay - and still be expected to pay a settlement. ( This is also the company I carry my own personal automobile insurance with ) Touchy!
Thanks for your reply !