by Guest » Tue Mar 23, 2010 06:10 pm
I was involved in a head on collision (10/09)..other driver was at fault..both vehicles totalled (2009 toyota corolla - his/2009 dodge journey-mine)
I suffered a fractured right wrist (my dominant hand), a bruised sternum and soft tissue injuries to my shoulder, neck and right knee. I have completed my chiropractic care and now have only shoulder physical therapy and hand therapy left to complete.
Two questions--
1. If the at fault driver limits we feel are low and do not compensate me for my injuries, pain and suffering, and scars.. and I have an attorney, can we sue in court and recieve more than the policy limits.
2. With the statment by the at fault driver "I could not stop" could I possibly have a claim against Toyota due to the recall on Toyota model vehicles since the corolla was included in the recall?
I suffered a fractured right wrist (my dominant hand), a bruised sternum and soft tissue injuries to my shoulder, neck and right knee. I have completed my chiropractic care and now have only shoulder physical therapy and hand therapy left to complete.
Two questions--
1. If the at fault driver limits we feel are low and do not compensate me for my injuries, pain and suffering, and scars.. and I have an attorney, can we sue in court and recieve more than the policy limits.
2. With the statment by the at fault driver "I could not stop" could I possibly have a claim against Toyota due to the recall on Toyota model vehicles since the corolla was included in the recall?
Posted: Wed Mar 24, 2010 03:41 am Post Subject:
These are both legal questions not insurance questions. Insurance agents are not allowed to give legal advice. These types of questions should be addressed with an attorney.
Posted: Thu Mar 25, 2010 11:27 pm Post Subject:
Two questions--
Yes, you can. Can you win? who knows...Do you have UIM (UNDER insured motorist) on your policy? If you do AND your claim is 'worth' more than the coverage, then you have a UIM claim, however, a word of caution, your carrier has to be made aware, AND must agree to your 'limits' settlement with the at fault party, and of course they have to pay out policy limits.1. If the at fault driver limits we feel are low and do not compensate me for my injuries, pain and suffering, and scars.. and I have an attorney, can we sue in court and recieve more than the policy limits.
2. With the statment by the at fault driver "I could not stop" could I possibly have a claim against Toyota due to the recall on Toyota model vehicles since the corolla was included in the recall?
Good question, and frankly you're atty should've been all over that from the beginning..AND the car should've been impounded and inspected, AND it may obsolve that driver from ANY liability.Add your comment