Advice needed: Recovering costs after an auto accident when it's not your fault. Insurance/legal ?s

Parent Cafe
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<p>I’m looking for some real world experiences or advice.  Without making it too long a story, my dad was hit by a car a few months ago. Totally the other (elderly) drivers fault.  Dad suffered a traumatic brain injury and his life, my moms life (and mine, to a great extent) have been turned upside down. </p>

<p>I have had to learn a LOT about insurance of all kinds (a whole 'nother thread) but my concern is over all the costs associated with this accident. The first $10k medical expenses were paid by my parents auto policy as is the law here. After that, medical expenses are processed thru their health insurance just like any other health event. Obviously they are out of pocket for a lot of things: co-pays, deductibles, replacement glasses and clothes that were ruined, even little things like parking fees and cafeteria food for being at the hospital for four weeks.  Plus it appears to me that they will need home health aides a few times a week to help mom out for the foreseeable future. </p>

<p>I do have a great lawyer whom I trust and talk to weekly but I still am not sure what else to expect.  The at-fault driver’s auto insurer is ready to cut a check for the limit of her liability coverage, once they got all the details of dad’s condition. But what if that is not enough to cover all their future needs?  When I talked to our insurance company, they suggested I should “go after her personally.”  Does that mean file a civil suit for pain and suffering?  When I asked the police officer who wrote the accident report if the other driver will be punished or cited in any way he (off the record) told me I should sue. </p>

<p>My folks auto policy also has “underinsured motorists coverage” which is designed to cover them in cases that sound like this. If the at-fault driver doesn’t have enough coverage. In using the UM clause, their own policy would end up paying them, but I don’t know if it is for documented expenses or what.</p>

<p>Honestly before this I never quite “got it” when I heard about people suing for pain and suffering. But I am so angry that this woman essentially ended my fathers independent life and has made my mom a 24 hour caretaker and I have had to devote a significant part if my life to managing their affairs and medical issues. All of which I would do, of course, in any circumstance but this was so random and out of his control. Most of all I am mad that the dad I knew is not the dad I have now. We are lucky he survived at all but it is so sad every time I talk with him and we both know he’s not the same. </p>

<p>I feel awfully uncomfortable talking about this is terms of money but it is a significant cost and it seems to be the only way to measure value in society. I don’t like the idea of a lawsuit but I don’t like the idea that this old lady is still tooling around in her 2013 LUXURY model car, possibly injuring someone else ( I guess her family or insurance company may have forbidden her to drive. It does not appear as tho the police have).  </p>

<p>Has anyone had a similar situation and can you give me an idea what to expect as far as insurance, lawsuits etc?</p>

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<p>Surf city, I am sorry to hear of your father’s injury. The laws governing this type of situation vary state to state. You will need a personal injury lawyer to handle a claim like this. It is obviously a serious injury with many ramifications so you need an expert. If the lawyer you’ve been speaking to isn’t experIenced in this area of the law, you should find someone who is. I usually don’t recommend that people retain an attorney right away, as most less serious personal injury claims can be, and are, settled directly with the insurance company but in your case, you need to find an attorney who specializes in serious personal injury cases.</p>

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<p>You’re not looking to measure value here, you’re concerned about bearing the costs of someone else’s accident. What is the purpose of the underinsured motorist coverage if not to make up some of the difference between the costs and the underinsurance?</p>

<p>Was your dad a pedestrian? I wonder if auto insurance even normally gets involved if you are struck as a pedestrian. It sounds like yours has. </p>

<p>I agree with the idea of a personal injury lawyer. Normal lawyers aren’t nasty enough. We had a family situation where a member was hit by a car and hospitalized, but generally recovered decently. Our normal lawyer and his firm didn’t feel they wanted to sue for pain and suffering. I believe it was because their primary practices were in other areas and it didn’t fit with what they wanted to be doing. A full time injury lawyer isn’t worried about what else he is doing, and he’ll be able to quickly assess whether your case is a productive one for you and him. </p>

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<p>Nothing at all wrong in talking about this in terms of money; this sounds like a really major, life affecting injury. But if you already have a lawyer (is this a personal injury lawyer?) then that would be the person to ask since that person will understand the laws that apply in your state. From what my insurance agent has explained, I can be sued for any amount of damages. If I’m found liable, the insurance company pays up to its limits, and I’m personally responsible for the rest. That’s one reason I carry a healthy umbrella policy above and beyond my car insurance. I do not want to lose my house in the event I cause some terrible accident, and I also want the resources to be there to help someone who is injured at my cause.</p>

<p>I’d be angry, too. If she has assets, I’d certainly talk with a lawyer about pursuing them, and figuring out what would be involved. </p>

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<p><a href=“http://www.meldonlaw.com/library/gainesville-accident-attorney-explains-insurance-compensation-in-a-pedestrian-auto-accident.cfm”>http://www.meldonlaw.com/library/gainesville-accident-attorney-explains-insurance-compensation-in-a-pedestrian-auto-accident.cfm&lt;/a&gt;&lt;/p&gt;

<p>Here’s a link to an attorney’s site in FL that gives you some insight into how this stuff works. I just found it by googling, but my conclusion from reading it is to emphasize that you should consult a personal injury lawyer.</p>

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<p>You should sit down with the lawyer and have them explain the options. Odds are they are working for a percentage of the recovery rather than an hourly rate. You should find out the liability limits of the other person’s policy or policies, as well as any underinsured motorist coverage on your parents’ policy or policies. Some states allow you to stack the limits of UM coverage whereas others don’t. If the available insurance isn’t enough you have to decide whether the damages are enough to justify going after the other driver personally and whether they have the assets to make it worthwhile. In some states you won’t be able to get their house or money they have in trust so there may not be much in assets available. Your lawyer should be able to find this out. Plus it may not be advisable to address all of this right away as the full extent of the injuries and recovery may not yet be known. Good luck. I am sorry you have to go through this.</p>

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<p>PM me about where in Fl you are. After my car accident, I hired a personal injury attorney. I could never had navigated this alone. There was a deposition. Yesterday, I was “seen” by other person’s insurance doctor. My attorney had arranged for the exam to be filmed. Last week I had 1 surgery. The lawyer handled everything with the surgeon and the surgery center. </p>

<p>Almost all the costs have gone thru the auto insurance. There really are good lawyers in this field.</p>

<p>I am so sorry for this tragedy in your family.</p>

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<p>I’m not a litigious person either, but this person has changed your father’s life AND his family’s life permanently. It reminds me of the infamous case years ago of an elderly woman in FL who had multiple accidents in which she killed and crippled people. Her reaction was to up her liability insurance and keep driving. The woman close to her own age who she put in a wheelchair for life didn’t have that option.</p>

<p>I think you should consult with a personal injury lawyer. Get in touch with boolworm. </p>

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<p>This - “There really are good lawyers in this field.” and this -
" I am so sorry for this tragedy in your family."
My H is one of the good ones in this field. Do not settle quickly with the insurance company for the policy limit. There are often other policies that can help cover amounts over the limit. You definitely need a personal injury attorney. They deal with the intricacies of these cases every day. The PI attorneys can help navigate issues with the hospitals and doctors, too.
I am really, really sorry for the changes in your life and your family caused by this accident. We often talk about elderly drivers over in the parents caring for parents thread. This is another reminder to help get our elders off the road if they are no longer safe drivers.</p>

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<p>Thank you all for your insight, I’ll try to respond to some issues</p>

<ol>
<li><p>Yes, he was a pedestrian but in our state you are covered by your auto policy if you are hit as a pedestrian. She also hit his car which has been repaired fully by her insurance.</p></li>
<li><p>We are not in FL, sorry. While my attorney may not specialize in only personal injury, the firm is well-known and is very prominent. They can get any help they need from other legal associates. I really don’t want to say more than that, but at this point I am happy that we will be represented properly.</p></li>
<li><p>I think I now understand why there is the adage of, “It’s better to be hit by a rich person than a poor person.” It’s kind of remarkable to me that the assets of the at-fault person can determine who easily the victim can recover his losses. </p></li>
</ol>

<p>I do have an umbrella policy myself, as do my folks, and now I understand fully why my agent urged me to buy it. The driver apparently did not have an umbrella policy, which surprises me given her address and the type of vehicle she was owns. Our investigators are in the process of trying to determine what her assets are. So my understanding is, if she has assets we could theoretically sue her for them to recover costs/pain/suffering etc. If she does not, we are out of luck and have to go through UIM coverage. </p>

<p>I’m curious what such a lawsuit would be like to go through, if anyone has any stories about that.</p>

<p>And I think I will call the lawyer again this week and ask him outright about these scenarios. Perhaps I painted too good a picture of my dad’s health because, according to the Docs, he is VERY VERY lucky. But in the great scheme of things, this is a terrible situation. Thanks!</p>

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<p>Does your dad’s umbrella policy also extend the uninsured motorist portion? From what I remember when setting up our umbrella policy, not all insurance companies will extend that portion, but some do. It wasn’t too much to do.</p>

<p>So the woman that hit your dad didn’t have an umbrella policy, right?</p>

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<p>My husband was hit and badly injured by a (poor) uninsured motorist 3.5 years ago. It’s a nightmare. He is relatively OK, but there was some permanent damage. You absolutely need a good attorney and you will probably have to bring a lawsuit. I am sorry this happened to your dad.</p>

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<p>I concur that getting a good personal injury attorney is very important. I hope the woman has considerable assets to cover your dad’s losses. There may be homestead exemptions if she owns a home, but if you get a judgment against her if she sells the homestead, she would have to pay the judgment out of the proceeds. </p>

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<p>You need a personal injury attorney who specializes in plaintiff’s cases. Not just an attorney in a well-known, prominent law firm that does not specialize in personal injury. Most typically, if those type law firms do any personal injury work, it is on the defendant’s side as insurance defense. Not ways, but most of the time. </p>

<p>You definitely need a Plaintiff’s personal injury attorney. Typically, these attorneys practice in smaller firms. They do not charge hourly rates, but work on a contingency fee basis (i.e. , a percentage of the recovery). There are costs that go along with these cases, but in large part, the attorney’s firm will front the costs and they are paid out of the settlement at the end. </p>

<p>Depending on the extent of your father’s injuries and residual damages ( a function of his actual medical expenses, lost wages, caretaker expenses, etc., together with future medical expenses and residual damages, pain and suffering (not just physical pain levels, but alterations to quality of life, etc) and the available limits of insurance, the case may not take long. But if there are assets worth pursuing or your father’s status has not reached a quiescent point, it will take longer. </p>

<p>You do not want to settle until such time as you know what your father’s true physical, medical, and emotional status will be. Unless the damages known to date far exceed the available insurance limits. In that case, the insurance company will tender its limits as there is no reason to fight about it. </p>

<p>You need a Plaintiff’s personal injury attorney because he/she will know best what policies can/cannot be stacked, how best to negotiate medical liens, how best to get medical bills paid or stayed if the insurance isn’t covering them, how best to structure a settlement to help your father for future medical care, etc. </p>

<p>The Plaintiff’s personal injury attorneys are used to dealing with the insurance companies and their lawyers. This is their bread and butter and the good ones are very good at it.</p>

<p>Get recommendations and talk to several. Consultations are free. The ones that know what they are doing will not give you a specific damages figure to expect for recovery. They will tell you they can’t say what your father’s case might be worth until they review the incident reports, do some investigation, and review the medical records. What they will tell you is what they see are the issues, potential challenges, and what they might can recommend for dealing with the immediate problems your family may need help with. </p>

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<p>I would suggest looking into the attorney’s fees and realistically estimating the likely amount you could get from a lawsuit before committing to anything. The attorney may take a substantial portion of the hypothetical settlement (30 or more %) leaving your folks with LESS than the max amount of the insurance payout. Personal injury attorneys are not working for your best interests as much as they are working to get a portion of whatever they negotiate. I am surprised to be the first in this thread to point that out.</p>

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<p>Peanut, of course you state the truth. PI attorneys get rich quick if they choose their cases wisely. But have you personally tried to handle a car accident? The OP let his FA put medical expenses thru his health insurance, which I do not do. OP, in your case you need a lot of funds to help your folks thru long term care. You need a specialist in this area.</p>

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<p>If your Personal injury attorney does not have your best interests at heart, you have the wrong personal injury attorney. </p>

<p>VSGPeanut101, I am offended by your sweeping generalization and disrespect. </p>

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<p>I’m confused - what does FA stand for? We had no option but to put medical expenses thru health insurance. The hospital and doctors would not treat dad without seeing his insurance information. They all knew about the auto accident, and everyone ran costs thru the auto policy. Once the $10k was spent, then the auto insurer kicked them back and they expenses were paid under regular health insurance. What other procedure is available?</p>

<p>I am sure we can “justify” the max of the at fault’s insurance, if you factor in loss of income, decreased quality of life, etc, which is why their insurance company appears ready to cut a check for the max amount. So, as I understand it, they are completely out of it? The only way to recover more funds from the at fault driver is to sue her for her personal assets, correct?</p>

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<p>As has been indicated, most reputable personal injury attorneys will give you a no cost consultation, initially and explain the likely options to you, especially given the clear liability and high amount of current and future damages. I would ask around for referrals, especially if you have friends who have had serious injuries and good attorneys.</p>

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<p>Also, I did go back and research the firm more and have received many examples of successful suits for personal injury that the firm has handled. The founder of the firm is the person I am more familiar with and he has a national reputation and contacts in every field. The lawyer actually handling the case specializes in civil litigation, serious personal injury and wrongful death. Thanks for spurring me on to make sure I have the best representation.</p>