Best course of action to take with Ins. company ?
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This may take awhile, so get a cup of tea. :) On June 14, 2009 my mother and father were hit head on by a negligent driver. CHP ruled that the other driver was at fault. There were a total of four people injured. My mother, referred to as Jane, was injured seriously and remained in a coma for 46 days in ICU. Jane then spent a total of 9 months in hospital care. Jane's medical bills were abt. $1M. Jane could not afford these bills and was eligible for State insurance (Medi-Cal aka Medicaid). Jane suffered a broken neck, broken (L) femur, shattered (R) ankle and (R) calcaneus, all ribs were broken, diaphragm ruptured, and suffered a stroke leaving per partially paralyzed on her left side. In addition to these physical injuries Jane has also suffered many mental setbacks. Due to the stroke Jane's mental status has been reduced greatly. While she can still function she has a hard time understanding and coping with things. The at fault's insurance (Geico) has offered to pay the total policy limits of $100,000.00 to all four of the people that were injured in the accident. Each of the four injured people must sign a release waiving all future claims against the person who caused the accident. If all four people do not sign, the insurance company has not protected its insured and therefore will not pay out the money. Jane's insurance company (AAA) has offered to pay Jane $100,000.00 less the amount received from Geico. This would mean, $25k from Geico, $75K from AAA. For a total of $100k. Minus medical liens and atty fees. Bringing Jane's total ins. settlement to about $40k. Jane can no longer work, use the restroom unattended, fix her own meals, shower herself, or anything of that nature. IMO, $40k does not cover the damage done to Jane. Should Jane not settle and instead sue Geico/The person who caused the accident for XXX amount of dollars for pain/suffering, mental distress/anguish, and money to care for Jane for X number of years ????
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Answer:
You can't sue Geico. Geico was not driving the car. Geico was not negligent. You can sue the at fault driver. HOWEVER, a law suit against the at fault driver is only worth doing IF the at fault driver has assets. If the at fault driver is a multimillionaire, then its probably worth suing rather than taking the insurance money. If the at fault driver is just an average Joe and does not have any assets - don't waste your time with a law suit. Take the insurance money. People get real fixated on filing a law suit and getting a judgment. The problem - if the person does not have any assets to take then you won't see a dime. What's worse, they can then turn around, claim bankruptcy and your judgment just went out the window. Then you still get stuck paying your lawyer his fee. The insurance companies have offered their policy limits. That means they can't pay anymore. There is no more to pay. If the at fault driver has no assets, you can get a judgment for a gazillion dollars, but if they don't have a gazillion dollars to pay the judgment - you won't ever see a penny. If you have an attorney, your attorney can do an asset check. If you don't have an attorney, go down to the records room at the court house for the county where the at fault driver lives. See if they own any property that is not mortgaged. Its public record. If all they have is mortgaged property, then there really is not anything to take. Once you settle up, if she can not work, then she needs to apply for disability.
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Other answers
Jane cannot bring suit against Geico; they have no liability here other than the limits of the policy. Jane would have to bring suit against the other driver.
Zarnev
This sounds very serious. But here is what I have leaned, as I was in a serious accident, and so was my grandson. 1. You can't more than policy limits, combined for anything. 2. You can sue, but if the person has no assets, there is nothing to "get". Good luck
Randy
A tragedy, but not necessarily the insurance company's fault. You can't get blood from an turnip. Individuals should carry personal medical insurance and life/disability insurance to protect the income stream for their family. Who hired the lawyer on contingency for any amount UP TO policy limits? The lawyer should have been hired on contingency for collecting amounts EXCEEDING policy limits.
falsi fiable
Suing Geico would be pointless because, even if she wins, they are not required to pay more than the policy limits, so she would not be getting any more than the $100,000 that she would get without suing. Suing the person who cause the accident might or might not be worthwhile, depending on how much can realistically be collected from that person. Even if she wins and a judge orders that person to pay more than $100,000, if that person has nothing (no money, house, etc.) and cannot pay anything, then she does not get more than if she did not sue. If the person has a large amount of money (or other valuable assets), then suing might be worthwhile. However, this requires more analysis (by a lawyer) of (1) how likely she is to win, (2) how much money can be collected, and (3) how much more the "atty fees" will be with a lawsuit than with a settlement.
StephenWeinstein
Police do not determine fault, they only offer an opinion. If Jane sues Geico, she will lose. She must sue the person who causes the accident. If she does, she has to hire a lawyer, who will take 40%. Do the math. Geico will likely pay the other three people 1/3 of the total limit up front, and close the claim. There will be no more money from Geico, on this claim. Jane will win the lawsuit, and have a JUDGEMENT against the person. 40% of the judgement - the FIRST 40%, will go to the lawyer. IF the person has any more money than $400,000 (not likely, LOL) THEN the remainder will be attached by Medi-Cal for reimbursement, up to what they paid. She will see NOTHING. IF she settles, Medi-Cal will STILL attach the $25,000, and she will see NOTHING. Jane isn't going to get any money out of this, either way, the way I see it. Any attorney will tell you the same thing. Jane is VERY VERY lucky to have Medi-Cal so she CAN get her medical treatment.
mbrcatz
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