by Guest » Sat Jun 11, 2011 05:52 am
I was in a car accident a year ago and broke a bone in my back and had to have back surgery to fix it. Specifically an L5-S1 fusion instrumented. The cost of everything is outstanding and the defendant was 100% at fault and his insurance is not giving any limits on coverage. It's getting time to settle and I'm wondering what I'm going to have to do if in between his coverage and my underinsured coverage doesn't pay the bills.
Posted: Sat Jun 11, 2011 09:14 am Post Subject:
I'm wondering what I'm going to have to do if in between his coverage and my underinsured coverage doesn't pay the bills.
Since you really don't mention much or really ask a question, I'm not sure what anyone here can do for you. Perhaps the person has $1,000,000 limits... perhaps they are $5,000 limit.s We don't know.Posted: Sat Jun 11, 2011 02:49 pm Post Subject: Broken back
Let's just say as an example that their limits are 25000/50000 my underinsured are the same. My back surgery alone was 37000 not to mention all the physical therepy and post op care. Am I going to remain responsible for all that? Plus I had to quit my job and found a lower paying one.
Posted: Sat Jun 11, 2011 04:14 pm Post Subject:
If the other carrier offers you $25k and your carrier offers you $25k then you've been paid $50k toward a $37k bill, leaving $13k in your pocket. Is $13k not enough to address everything else?
But yes, that is all that there would be. You can always refuse the $25k from the other carrier and file suit against the other person. However, you'd probably need an attorney who would then take 40% of that $25k leaving you with the difference and a judgement against the other person. You'd then need to file a wit to obtain any money for that judgement (a wit, as I understand it, could place your lien against some real property and/or some states allow you to garnish the persons wages).
Posted: Mon Jun 13, 2011 06:33 am Post Subject:
I think tcope meant "writ" when he wrote "wit".
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