by mistyb917 » Sun Jun 15, 2008 03:09 am
I was in an accident Dec. 07. I suffered from displaced third fibula fracture as well as a comminuted displaced distal tibia fracture involving ankle joint. (Pilon Fracture) I underwent reduction and stabiliation fixation. On Jan 2 I went I had internal fixation and my fixator was changed to a multi-planar. The dr. said it was extremely difficult to fix. He also said I will never have a normal leg and will alway suffer with stiffness and swelling in my ankle that will be hard to overcome. I may have to get ankle fusion later in life. My external fixator was removed May 21. I have scarring from the surgery and external fixator. I have 3 kids to care for(7,6,2). I was not able to care for them for like 3 months. I still have a hard time caring for the 2yr old. I still have a bad limp and can not run after him. My foot turns inward when I walk because I can not turn my ankle. I have not reached MMI. They do not expect me to until Jan 09. My lawyer is turning everything in to the insurance adjuster Monday. In the begining he told me my case was worth between $500,000-$750,000. I have medical bills of $100,116.00 and expected future bills of $166,558.00. Loss of income $8,000. I was just curious if it is realistic to receive a settlement of $500,000. Will it hurt me any since I have not reached MMI yet? If it helps I am in South Carolina.
Thanks
Misty
Thanks
Misty
Posted: Sun Jun 15, 2008 10:56 am Post Subject:
First (sorry) but what is MMI? Secondly do you or your attorney know the policy limits of the 'at fault' party? Most people do not carry 500k limits..
Posted: Sun Jun 15, 2008 11:42 am Post Subject:
Maximum Medical Improvement He does not know her limits but does know it is more than $125,000. He is asking for her limits. I also have underinsured insurance. If she only has the $250,000 in coverage would we be able to go after my insurance for the rest or would I just be able to get my total bills?
Posted: Sun Jun 15, 2008 12:16 pm Post Subject:
Maximum Medical Improvement
Well I thought is was something like that...thanks...question...why are you settling or even entering negotiations for settlement until this occurs? (MMI)?He does not know her limits but does know it is more than $125,000.
Wonder how he knows that?He is asking for her limits. I also have underinsured insurance.
Whew...glad to hear you have UIM...If she only has the $250,000 in coverage would we be able to go after my insurance for the rest or would I just be able to get my total bills?
If her limit is under the value of your claim...then you can file your claim under your UIM coverage...what is your UIM limit? No, UIM isn't just for the actual bills, it's for anything and everything associated with your injury claim...just as if it were being settled with the other party....for instance if your claim value is determined to be 300k (for everying), including all 'actual' or 'specials' bills, and pain and suffering etc...and the at fault party has 150k...they pay that, and let's say you have 100k UIM limit...then you'd get 100k from your carrier and 150 from other party leaving you still in the lerch for 50k...on the other hand say they have and pay 150k, your UIM limit is 500k...you still would only get 150k from at fault party and 150k from your UIM...also some states allow stacking of UIM...(if you have additional insured vehicles)...so if you have three vehicle each with 100k UIM, and your state allows stacking you could have 300k available.Posted: Sun Jun 15, 2008 12:52 pm Post Subject:
The lawyer said it would be best to go ahead and settle. He said he talked to the adjuster and told him that my bills were over $100,000 and the adjuster said don't worry there is plenty of limit left. I have $50,000 uninsured insurance and we are able to stack limits here. We have 3 cars.
Posted: Sun Jun 15, 2008 03:30 pm Post Subject:
Well if the adjuster said there is plenty then my guess is they have atleast 300k....if your claim is worth more than you have an additional 150k in UIM that could come into play...that's great news....so sorry for this injury it sounds just awful....to answer your first question with 267k in total bills and anticipated 500k doesn't sound completely out of line..alot depends on the area etc.....IMO, more likely 350-400k...
Posted: Sun Jun 15, 2008 07:21 pm Post Subject:
I have another question. I know our policy is $250,000/$500,000. I know $500,000 is the most that can be paid out w/ more than one person. My kids were also in the accident w/ just seatbelt burn. They got $500 a piece. If that is her policy limits will my injurys go towards the $500,000 or $250,000?
Posted: Mon Jun 16, 2008 03:10 am Post Subject:
Your UMBI coverage has a $250k limit per person. Look at is this way as it does not appear the $500k per accident limit is an issue. So the most _you_ can collect from your own policy is $250k.
Posted: Mon Jun 16, 2008 10:50 am Post Subject:
My kids were also in the accident w/ just seatbelt burn. They got $500 a piece. If that is her policy limits will my injurys go towards the $500,000 or $250,000?
toward the 500k...if she has 250/500 then the most any ONE person can get is 250k...the most ALL people in the car (yours) can get is 500k...Posted: Mon Jun 16, 2008 12:28 pm Post Subject:
Oh... I was thinking the OP's UMBI had these limits but but that does not make sence if the kids were paid $500 already. Yes, those would be the other parties BI limits.
Posted: Mon Jun 16, 2008 05:49 pm Post Subject:
Thank ya'll so much for your help. So that means even if that is her limits I will still be able to get $250,000 and not what is left from the $500,000? Sorry for so many questions. Im just trying to see what I can maybe expect.
Thanks
Misty
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