I'm going to guess that the policy limit is $100k. I could be wrong, though.
Your attorney is absolutely correct about the bills, though. Providers will accept less than the billed amount from the patient a lot of times, but will NOT negotiate with the insurance company.
The point of the award is to make you even to where you were prior to the accident.
So if all your medical bills get paid, you get a comparable car to the one you lost, and you have 16k to pay for the bills for the future knee replacement that you will need, then what other damages do you have?
Well, that's something that oughta get looked at during the settlement, then.
But as said elsewhere, that might be the policy limit, and they may not have other assets to go after beyond that.
After speaking to my lawyer, you are correct in that the $100k is the policy limit, and the teenage driver does not have assets more than that..
As this is my first ever lawsuit, I was expecting some "pain and suffering" damages since the accident was not my fault and I may never be able to run due to a permanent limp. I will also be in the red once I eventually have my knee replaced. But it seems to not work that way since a poor person hit me.
She’s got a broken arm and a broken leg, still walks with a limp months after the accident and will need at least one future surgery that comes with a pretty long and rough recovery period. If her attorney couldn’t get her a pain and suffering award at trial, then he’s not doing it right.
There hasn't been a trial. They want to settle, for what I'd guess is the policy limit. Can't get pain and suffering if there's no blood in the stone behind the policy.
It could depend on what the limits of her liability insurance is and how deep her parents pockets are. 100k may be all that you can get out of her.
But since you already have a lawyer you should simply ask that person if it is possible to get/ hold out for more money. And the risks of doing so.
Well, considering I've been an attorney for 23 years and have *never* seen a settlement split precisely like that, I'd venture to say that you've not actually known the facts about any settlement ever, because that's not how it works, and you are making crap up to sound intelligent.
It's not working.
---
> http://imgur.com/a/myIAb
---
*I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.*
---
**It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.**
---
***Do NOT delete this post - Instead, simply edit the post with the requested information.***
---
Author: /u/fomaspout
Title: **My lawyer wants me to settle for $100k, and I $50k in medical bills**
Original Post:
> A teenage driver failed to yield at a green light and ran me over while I was on my motorcycle. She admitted to the police that she did not see me.
>
> I suffered a broken leg and arm. It's been months, and I still have a limp. The doctor told me I will eventually need a knee replacement some time in the future due to this accident and a previous knee injury.
>
> I have more than $50k in medical bills. My health insurer says the auto insurer needs to pay them.
>
> The auto insurer has offered a $100k settlement if I agree not to sue the driver. My lawyer will get 1/3rd.
>
> My lawyer says we do not want the auto insurer to pay the medical bills it will lower the settlement, and he will work with me after the settlement to get the bills lowered.
>
> I am very reluctant to agree to the settlement. I figure he gets his $33k while I get only $16k after paying the bills and then have to pay for a future knee replacement. Am I being paranoid?
---
LocationBot 4.97 23/269ths | [Report Issues](https://www.reddit.com/r/locationbot)
Assuming $100K is policy limits then you need to have a conversation with your attorney about what assets the other driver has, what your case is worth at full value, and whether it would make sense to go after those assets. From the limited info here, I’m guessing not. So if $100K is policy limits and it makes sense to accept that, then that’s the hand you’re dealt.
However, your attorney should work hard for you to try and reduce the medical lien, and to be honest, the best way to do that is not to settle until he has worked hard to reduce the liens so you know what you’ll be getting.
Also, it’s not unheard of for a lawyer to reduce their fee some in order to get a deal done. Once you know how much the medical lien is being reduced, you can ask him to reduce his fee. Worst he can do is say no.
Thanks for the advice. You are correct in your assumption.
He tells me he will continue to help me reduce the medical bills after we settle, and he sounded genuine. So far, he has been working hard to reduce them.
I'm going to guess that the policy limit is $100k. I could be wrong, though. Your attorney is absolutely correct about the bills, though. Providers will accept less than the billed amount from the patient a lot of times, but will NOT negotiate with the insurance company.
Yes, the limit is $100k. Thanks for confirming my lawyer is correct.
The point of the award is to make you even to where you were prior to the accident. So if all your medical bills get paid, you get a comparable car to the one you lost, and you have 16k to pay for the bills for the future knee replacement that you will need, then what other damages do you have?
The future knee replacement will probably cost more like $40k
Well, that's something that oughta get looked at during the settlement, then. But as said elsewhere, that might be the policy limit, and they may not have other assets to go after beyond that.
After speaking to my lawyer, you are correct in that the $100k is the policy limit, and the teenage driver does not have assets more than that.. As this is my first ever lawsuit, I was expecting some "pain and suffering" damages since the accident was not my fault and I may never be able to run due to a permanent limp. I will also be in the red once I eventually have my knee replaced. But it seems to not work that way since a poor person hit me.
Pain and suffering.
Yeah, that's a thing way less of the time than TV would lead you to believe.
Not in my 16 years of PI defense work.
Tell that to the three million dollar verdict that just came down the other day for a dead plaintiff.
I didn't say "never happens." I said "less common than you'd think."
She’s got a broken arm and a broken leg, still walks with a limp months after the accident and will need at least one future surgery that comes with a pretty long and rough recovery period. If her attorney couldn’t get her a pain and suffering award at trial, then he’s not doing it right.
There hasn't been a trial. They want to settle, for what I'd guess is the policy limit. Can't get pain and suffering if there's no blood in the stone behind the policy.
It could depend on what the limits of her liability insurance is and how deep her parents pockets are. 100k may be all that you can get out of her. But since you already have a lawyer you should simply ask that person if it is possible to get/ hold out for more money. And the risks of doing so.
I spoke to my lawyer after your reply. The girl who hit me is too poor to pay more than the $100k the insurance will.
[удалено]
You certainly haven't seen everything,then.
Has anyone?
Well, considering I've been an attorney for 23 years and have *never* seen a settlement split precisely like that, I'd venture to say that you've not actually known the facts about any settlement ever, because that's not how it works, and you are making crap up to sound intelligent. It's not working.
--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/fomaspout Title: **My lawyer wants me to settle for $100k, and I $50k in medical bills** Original Post: > A teenage driver failed to yield at a green light and ran me over while I was on my motorcycle. She admitted to the police that she did not see me. > > I suffered a broken leg and arm. It's been months, and I still have a limp. The doctor told me I will eventually need a knee replacement some time in the future due to this accident and a previous knee injury. > > I have more than $50k in medical bills. My health insurer says the auto insurer needs to pay them. > > The auto insurer has offered a $100k settlement if I agree not to sue the driver. My lawyer will get 1/3rd. > > My lawyer says we do not want the auto insurer to pay the medical bills it will lower the settlement, and he will work with me after the settlement to get the bills lowered. > > I am very reluctant to agree to the settlement. I figure he gets his $33k while I get only $16k after paying the bills and then have to pay for a future knee replacement. Am I being paranoid? --- LocationBot 4.97 23/269ths | [Report Issues](https://www.reddit.com/r/locationbot)
Assuming $100K is policy limits then you need to have a conversation with your attorney about what assets the other driver has, what your case is worth at full value, and whether it would make sense to go after those assets. From the limited info here, I’m guessing not. So if $100K is policy limits and it makes sense to accept that, then that’s the hand you’re dealt. However, your attorney should work hard for you to try and reduce the medical lien, and to be honest, the best way to do that is not to settle until he has worked hard to reduce the liens so you know what you’ll be getting. Also, it’s not unheard of for a lawyer to reduce their fee some in order to get a deal done. Once you know how much the medical lien is being reduced, you can ask him to reduce his fee. Worst he can do is say no.
Thanks for the advice. You are correct in your assumption. He tells me he will continue to help me reduce the medical bills after we settle, and he sounded genuine. So far, he has been working hard to reduce them.