car accident and state minimum

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  #1  
Old 01-22-17, 10:35 PM
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car accident and state minimum

I was the victim of a car accident. to be more specific I was on a motorcycle and hit a pick up head on because he turned left in front of me and I was going straight through. I had the right of way and he was found at fault. state is Ohio and he has minimum coverage which is 25/50. the accident almost killed me, I was in ICU for 2 weeks then in PT housing for another month. my medical bills are near $70k. and all im looking to get from this guy is $25k. Is there another step I can take here?
 
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  #2  
Old 01-22-17, 11:20 PM
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It's called getting a lawyer and having them work it. They will file suit against the other person (or maybe not, they may be able to negotiate) and get a judgement. Now, if the other person has no assets to collect on, it might not be worth it. You'll also need to sue for pain and suffering and somehow leave it open for continued possible medical treatment. Be advised, the lawyer is going to probably get upwards of 30%.

Did you have uninsured/under-insured motorist coverage?
 
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Old 01-23-17, 03:43 AM
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Your uninsured motorist portion of your insurance should pick up when his insurance got maxed out. Probably subject to the same limits. I agree you need to talk to a lawyer, many will give a free initial consultation.
 
  #4  
Old 01-23-17, 07:46 AM
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Yeah, you need a lawyer. There's no charge to you (upfront that is) for accident lawyers. They just get a cut afterwards. If they don't win (unlikely) you still don't have to pay anything.
 
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Old 01-23-17, 10:49 AM
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If they don't win (unlikely) you still don't have to pay anything.
Not always true. Contingency cases generally do not bill for "professional services" if the lawyer loses the case but they DO usually bill for actual expenses to bring the case to court. These expenses can be significant in some cases.
 
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Old 01-23-17, 11:35 AM
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I have a lawyer and they said its not wise to sue for his estate because he can bankrupt the lawsuit and I wont get anything. Also I do have under insured coverage but its also 25/50 and it does not stack in Ohio. literally the only answer ive gotten from my attorney is "let the sleeping dogs sleep" meaning they will never settle even after a payout so that my insurance cant ask for any of it.
 
  #7  
Old 01-23-17, 11:39 AM
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Your lawyer may be correct, mistaken or he/she may simply be lazy. I would advise contacting a second lawyer that gives free initial consultations and after giving the new lawyer the details ask if the first lawyer has given sound advice.
 
  #8  
Old 01-23-17, 12:00 PM
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"he can bankrupt the lawsuit and I won't get anything" I don't even have a clue what that means.

"they will never settle even after a payout so that my insurance can't ask for any of it." Nor do I understand this.

" I do have under insured coverage but its also 25/50 and it does not stack in Ohio." So what exactly is the point in having it? If an uninsured driver hits you and causes no damage?
 
  #9  
Old 01-23-17, 01:01 PM
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Your insurance agent should be able to verify if your uninsured will also cover, that is what it's for - to cover you when the at fault drive doesn't have or doesn't have enough insurance.

My oldest son had a partially at fault accident 17 yrs ago and got sued. His insurance denied the claim [not sure it ever got settled] The ins lawyer told us that if it went to court and the other driver won, my son was on the hook for everything over/above what the ins would pay. He also said you couldn't file bankruptcy to get out of it. I don't know if that's just tenn or nationwide.

I agree it would be best to consult another attorney!
 
  #10  
Old 01-23-17, 02:46 PM
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Do a search for lawtigers, they specialize in protecting riders' rights.
When a car turns left in front of a bike, it's deadly. It's called the point of no return, there is no laying the bike down or trying to swerve.

I've hit cars broadside twice and went flying twice.
In both cases I didn't pursue any legal action because my medical bills were covered and the at-fault party probably had not a dime.
 
  #11  
Old 01-26-17, 10:36 AM
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You have made an error, in my opinion, by having such low liability limits yourself as you are now seeing in that your underinsured coverage is so limited as a result. Suing the estate may likely be the only other avenue you have which, as your attorney stated, may not be a good one. I had a patient in a similar situation years ago and she ended up winning a decent arbitration judgment but could not collect the whole amount since it exceeded her underinsured coverage maximum. I went home that night and increased my liability coverage so as to increase my under and uninsured limits.
 
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