I was in an auto accident Christmas day, the other driver was at fault and had liability...?

Question

The other driver only carried insurance for up to $50,000. My daughters bill alone is over $90,000 due to a brain injury and being hospitalized for almost a month after the accident. That doesn't include the bills from my sons injury of a broken leg or my husband and I's ER visit. Our insurance is up to $300,000 so my question is, is this where underinsured kicks in? The other drivers insurance has agreed to settle for the $50,000 and we have a lawyer I just want to know what I can expect for a settlement? Ive been out of work since the accident due to my daughters brain injury.

Update:

I understand $50,000 is too low however thats all he had so we cant get anymore from his insurance. But we carry underinsured on our policy. Our limits are $100,000/$300,000.

Raymond McG · Accepted Answer

Honey, the lawyer usually gets between 30% and 33 1/3% , but the judge can set it at either of those percentage amounts. I had a similar incident and wound up owing the hospital even after the settlement, so be very careful. The settlement seems low to me because you parents each are out a lot of time and money going here and there, not to mention the psychological effect this has caused you. You've had tremendous stress to say the least. Be sure that if you accept this settlement, the hospital and doctors are through billing you or you will be liable for more debt in medical bills than the $ 50, 000. Just  make sure all your bases are covered and everyone is 'paid in full' and that you will owe no one else. Now do you see why $50,000 sems too low? Make sure everything is absolved and totally finished so you won't be stuck with anything else later. If I may know, How much was the original suit for, $1,000,000? The settlement should be at least 1/10th of the suit amount or a total of $100,000 to you. You can hold out for more; the man is guilty and they do have to pay so find out what you have to gain or lose by trying for more. I, personally would not accept that amount. Good luck, Honey, whatever happens and my best wishes to your daughter and you all. It's a terrible shame to me when such sweet innocence is hurt and terrified like that. I pray for her.

heatherlynn822 · Answer

What state do you live in?
You should contact your state's Brain Injury Association at once.
(Every state has them, but some go under the name Brain Injury Alliance.)
They can help walk you through the process, explain your rights, and possibly even provide an advocate at no cost to you. Good luck with everything.

? · Answer

well 50 grand was all the other diver was insured for and insurance is agreeing to pay the full 50 g's, so the rest is up to you. you can try suing the person for the rest of the money, but that's something your going to have to talk to lawyer about.

Mushu · Answer

Yes, this is exactly what under-insured coverage is for. 
Your attorney is likely coordinating everything and will know when it's time to dip into your coverages. 

Good luck

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I was in an auto accident Christmas day, the other driver was at fault and had liability...?

4 Answers