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  1. #1
    Join Date
    Dec 2011
    Posts
    8

    Default Driver Caused Injuries but Has Insufficient Insurance for Damges

    My question involves an injury that occurred in the state of: PA

    I have posted on here previously. A little background: I was involved in a rear-end collision and dislocated my shoulder, torn labrum, numb arm, compressed C4, C5, C6, and C7. Just to name a few of the post accident problems. I have hired a lawyer and went through depositions. But I am at a point where I don't know what to do. The other driver was completely at fault; that is not being denied. However, she only has $50,000 in liability insurance. I have $100,000 uninsured insurance. So a total of $150,000. I have had two full surgeries, two years of PT, several procedures. Total Cost (not including out of pocket, missed work, etc) $75,000. Reduced cost is $50,000 through negotiations from the lawyer. I have another surgery coming up this month that costs $40-50,000. Bringing total cost over $115-125,000. With the lawyer receiving 30% of winnings. Like I said, that doesn't include my out of pocket expenses ($12,000), 90+ days of missed work ($39,000), gas mileage/parking fees ($500+). Obviously, $150,000 is not enough. So after looking at the individuals finances she owns a condo valued at $350,000 but owes $180,000 on the property, a 2001 Toyota Camry, and about $10,000 in debt. So if I sue her directly, the MOST I would get is $170,000 and the value of her 2001 Toyota Camry. Then I would have to subtract the cost of any debt, cost of selling the property/appraiser/taxes, and then if she files for bankruptcy I am back to "ZERO". What should I do? At this point, why am I even sueing, my lawyer and the insurance companies will get paid before I receive anything and after that I am still without any compensation; actually I will be $50,000+ in the hole from out of pocket expenses. This is not fair, I will never be the same, I am on pain medicine most likely for life, and the most I will be able to use my shoulder is 50%. Definitely not fair to me, but the insurance companies I pay into are going to make out... Any suggestions? Really at a loss for words...

  2. #2
    Join Date
    Dec 2011
    Posts
    8

    Default Re: Where to Go from Here

    uninsured = underinsured

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    72,936

    Default Re: Driver Caused Injuries but Has Insufficient Insurance for Damges

    You can see if your lawyer will try to negotiate a reduction in the medical bills from the various providers. Many providers would rather settle for some percentage of their claim rather than undermine your entire incentive to sue and potentially recover nothing.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,358

    Default Re: Driver Caused Injuries but Has Insufficient Insurance for Damges

    This is a normal outcome for auto accidents. I have lost millions.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

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