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 Posted: Wed Aug 05, 2009 9:56 pm Post subject: |
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| Quote: | | Do I need him to go after this? |
I'm betting he either knows or will ask about it as you cannot accept the BI payment without obtaining authorization from your own carrier.
You can see if you are required to pay him 1/3 of the UIMBI settlement or if you can collect this on your own. Again, someone needs to tell your carrier of the BI _offer_ before it's accepted so that your carrier can waive their right of recovery against the at-fault party. Once this is done, you can accept the BI settlement. |
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tcope
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| Posted: Wed Aug 05, 2009 11:09 pm Post subject: |
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| Quote: | | he didnt know about the 20k limit or if he did, he was a great liar. |
That's my point he should've been inquiring LONG ago...also, (just IMO) most attorneys I know will automatically 'cc' their client on all correspondence relating to their case, and they should!
As Tcope said, it's VERY important to get your insurance company's ''permission'' to accept the other carriers limits...if you do not get your carriers permission PRIOR to accepting this offer, you will lose your opportunity (most likely) to file a UIM claim...and of course your attorney will know about your UIM when this happens...I'd just ask him point blank.., 'hey, why didn't you know there was a limits issue with this? Since there is, you know what my bills are...how about negotiating your bill some?" I'd also ask for copies of EVERY piece of correspondence he's sent and received...this will give you some indication how hard (or not) he's worked on your case, thus giving you a little amo for negotiating his bill...Of course he can say, 'nope, you signed the contract'..but it certainly won't cost you anymore to ask him...Also don't forget to ask him if he's talked to your health carrier and has he reached an agreement with them to not subro you for their payments.
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Lori
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| Posted: Thu Aug 06, 2009 12:08 am Post subject: |
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ya know.... I went with this guy cause his firm is pretty big and handles personal injury claims as a specialty... I had started out with a little guy here in town who was a friend and does a little bit of everything and am now realizing... I didnt need the big name but again, how was I supposed to know only a couple weeks after the accident that it would turn out this way?
My friend who referred me received 65k out of her accident which had similar injuries and her grandson received 77k from the same accident due to damage to his teeth etc. which braces have corrected since then....
And in this case it was considered their fault for the accident so their own insurance was all they had to deal with. You would think being found 100% NOT at fault in my case would have certainly paid off much better than what i am getting as the end result.
And again, thank God I didnt seek all sorts of therapy & assistance out of my pocket becuase I would be fresh out of luck.
I should have searched for this forum way back then... although to be honest, I havent had my head on straight since the accident in Jan 08... My organizational skills, focus & over all "togetherness" has suffered quite a bit from this.
As I have said, I will never be able to handle a full client load again, so now I am limited in earnings from now on unless by some miracle I get all better. But it doesnt matter what the future holds for me because of this cap on the other guys ins.
There are those on here who are thinking all I am seeing are dollar signs... but you would have to know what I have gone through for the past year and a half and what the outlook is for my future to understand that going through all this only to find out in the end some guy bought cheap insurance and therefore I got capped on my settlement upsets me a great deal! |
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Mrscucch
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Joined: 05 Aug 2009
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| Posted: Thu Aug 06, 2009 3:33 am Post subject: |
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Interesting thought....
I went back to my emails and found out that he only filed suit this April after a latest update from me and my Dr. showed I was still in agony with no improvement. So I guess we know what he did for the last year... NOTHING... which maybe explains why he didnt know about the 20k cap.
I dont know... right now I have to focus on breathing in and out and repeating... whatever I get in the end, is whatever I get and maybe it can pay off some bills and take some weight off our finances considering I had to trim back my business. |
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Mrscucch
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| Posted: Thu Aug 06, 2009 3:37 am Post subject: |
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I don't think he filed suit... he sent the carrier a demand. Big difference. Attorneys wait all of the time. There is no reason for them to file early... it's just a chance to miss some more medical bills down the road. Once they are 100% sure they wait another month... and then they put together the demand.
I'm sorry to say this but you are 100% correct. They attorney spend about 2 hours on your case (I'm adding in an hour just to be safe).
I'd not sweat the small stuff. Take it one day at a time and do something enjoyable each and every day! |
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tcope
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| Posted: Thu Aug 06, 2009 4:01 am Post subject: |
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Excellent suggestion tcoupe !
I was just using the wording in his email where he said that he filed suit... I am sure that just meant what you said, he submitted his paperwork and then he sent the demand this week.
And I guess when he found out its only 20k cap, he didnt need to wait another 6 mos. to see if I was any better or worse because it wouldnt have changed the outcome so maybe, he was looking out for me in the end.
My brother's bankrupcy attorney waited months to file which ended up making the amount go way up with all the finance charges and such, but in the end, it worked out for my brother... well sort of. But that would be another thread.. : ) |
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Mrscucch
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| Posted: Thu Aug 06, 2009 10:17 am Post subject: |
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Mrscucch, well live and learn...God forbid another accident comes your way, you'll see if you can handle it yourself first..THEN get an attorney if you cannot..and your experience will most certainly help others...
As T said, find something to enjoy every day, all the crap will take care of it's self..
Let us know how things turn out, and if we can be of any further assistance.
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Location: Missouri
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| Posted: Thu Aug 20, 2009 2:57 am Post subject: |
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I have a question..We were recently involved in a headon collision..The other driver was charged with reckless driving. He had Allstate 100,000 per person..My moms medical bills are going to be way over that amount..She has unin motorists bi 100,000 each person on her policy..can she collect from her won policy?
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suzieq
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| Posted: Thu Aug 20, 2009 10:08 am Post subject: |
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If she has UNinsured motorist no...if she has UNDERinsured motorist then yes.
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Posts: 8173
Location: Missouri
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