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 Posted: Fri Feb 06, 2009 2:58 am Post subject: if i accept a check for the car. does this mean i cannot sue |
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my dad was in an accident. not his fault. leg was amputated. he had a witness. they have 25,000.00.
they are trying to get him to take check for car. $3000.00. if he does, would it mean he cannot sue or go to court for more. they have not offered anything for bodily injury. ( i have P.O.A since he cannot decide right now. ) he also had a concussion and is confused and has a broke wrist. he is 80 but has been working 40 hours a week for past 12 years. he will never drive again or work. what should i do? |
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elle123
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| Posted: Fri Feb 06, 2009 3:59 am Post subject: |
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| Who has $25,000? Are those the other driver's limits? If that is there limits, and they accept liability they will most likely offer policy limits for the injury. As for the check for the car, make sure it is for only the car. Yes you can file suit after settling for the car.. The settlement for the property damage (car) is separate from bodily injury. With the type of injuries, you may want to contact an attorney. If the other guy doesn't have any money or assets you may stuck with the low policy limits settlement. |
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Dasfuk
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| Posted: Fri Feb 06, 2009 5:57 am Post subject: |
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| Settlement for the property damage and injury are separate. One has no affect on the other. If a release is not signed, then legally your father could still file suit against the at fault party. Usually there is a verbal agreement when a check is mailed but not always. But even then, a verbal agreement to accept payment and call that a settlement is really not binding... especially on a 3rd party. |
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tcope
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| Posted: Fri Feb 06, 2009 6:15 am Post subject: |
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| Quote: | | Settlement for the property damage and injury are separate. |
That's right, elle....if you are only settling for the property damage it wouldn't affect the bodily injury claim settlement in any ways. The insurance company would look into the BI claim once they settle for the property damage. However, I'd suggest that you mustn't allow the adjuster to push you to the settlement. Normally, you're allowed to settle for the injuries anytime within the statute of limitation of your state.
~jeremy |
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JeremyHolter
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| Posted: Fri Feb 06, 2009 6:27 am Post subject: |
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I have a question......can anyone receive compensation above the policy limit for the injuries? the OP's father has sustained permanent disability and loss of wage for his entire lifetime, now if the other-driver only maintains the state minimum, how's he going to pay for all these damages that he had caused? Can the OP put a lien on the driver's property to recover ample compensation for her father? Rudolph
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Rudolph
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| Posted: Fri Feb 06, 2009 7:20 am Post subject: |
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Its good that you're there to help your father at everything..NO, in my opinion he should not sign for the initial settlement offer. Why don't you give us a little more info..like which state you belong to!
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anonymous00
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| Posted: Sat Feb 07, 2009 1:18 pm Post subject: |
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Elle, I've moved your post to this thread:
| Quote: | i don't know if my dad will ever be the same. he was so active, so full of life even at 80, he was my superman. now he is like a child. i can't quit my job to take care of him. But i can't afford to hire someone to do it. i promised him he would never have to be in a nursing home. it is bad enough he is having to stay at a rehab.
i do appreciate all your imput. |
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Lori
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| Posted: Sat Feb 07, 2009 1:25 pm Post subject: |
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| Quote: | | I have a question......can anyone receive compensation above the policy limit for the injuries? |
Only if an excess policy limit judgement is won, and that does not guarantee collection on the judgement... | Quote: | | the OP's father has sustained permanent disability and loss of wage for his entire lifetime, now if the other-driver only maintains the state minimum, how's he going to pay for all these damages that he had caused? Can the OP put a lien on the driver's property to recover ample compensation for her father? |
_Rudolph, yes if the state allows that to collect the judgement, maybe even garnishment of wages, but due to her fathers age and the need of funds this may not be practical in their case...
Elle, as has been posted....the vehicle and injury claims are totally separate...it's fine to settle the car claim..is his car a total loss? if so is this a good price for the car? Or is this the repair estimate?
I don't know your financial situation, but something you might want to look in to...your dad clearly will qualify for SS and maybe SS disability, I know that family members can be qualified to care take for a disabled relative and be paid by the state to do so, (min. wage i think)...at any rate if may be an option you should explore..
As to your fathers injury...are you saying the at fault parties bodily injury or property damage limits are 25K? and who told you this?
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Lori
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| Posted: Sat Feb 07, 2009 10:50 pm Post subject: |
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Usually policy limits are the best kept secret. I too wonder how this amount was figured.
I know irs sad and makes a person angry when another driver hurts them seriously and does not have proper coverage. Soemtimes,especially depending upon the state you in, a judgement os hard to collect. Soem states have laws that do not allow attatchment of wages for anything other than taxes and child support. You would have to look into that but as Lori said due to age it may not be a great idea. Good luck. |
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fireyone
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