Legal Question in Personal Injury in Illinois
Do I have any other legal resources?
I was involved in a auto accident in Dec of 2003. I was not at fault and the other driver's insurance company has claimed total liability. The vehicle I was driving was totalled as well as the other drivers vehicle. After the accident I found out the vehicle I was driving was not insured, (MY policy will not cover any damages)To date my medical bills are 30,000, back wages are 20,000. I will require another surgery to the tune of approximatly 40,000. My question is, The other drivers policy has a limit of 100,000. My bills after all is said and done will be close to 90,000. That only leaves 10,000 for pain and suffering and future lost wages. The insurance company says they can pay no more than that. If I hire an attorney and they can only get me 100,000 anyway, then this option does me no good either. Do I have any legal recourse in this matter? What if my medical bills were over 100,000. Would I be responsible for the rest and be out all of my money because of somebody elses negligence? Any help would be greatly appreciated.
4 Answers from Attorneys
Re: Do I have any other legal resources?
You may or may not have any other recourse. You will need to confirm that the responsible driver did not have any additional insurance policies (umbrella policy). Further, you should research to determine if the other driver has any personal assets. In addition, there may be other options available. I recommend that you consult with an attorney by phone or in person.
Re: Do I have any other legal resources?
The short answer would be yes. You are responsible for your medical bills, those are your bills and the hospital would have come after you regardless of whether your injuries may have been caused as the result of someone else's carelessness.
But: the fact that the limit of insurance is only $100k is only half the story. You may also have the opportunity to go after the personal assets of the person who caused your injuries if he or she has anything you can go after--a credit check will make that clear.
I hope this helps,
Nima Taradji
Re: Do I have any other legal resources?
Are you sure your own insurance policy does not provide underinsured motorist coverage in excess of $100,000? Check yourself on the declaration page of your policy and don't blindly trust what your insurance company may have told you. If you have any questions, give me a call.
Re: Do I have any other legal resources?
In light of the seriousness of your situation, you should not rely on an internet question and answer. I believe you should contact an attorney directly. If you would like to speak with my office, please feel free to call me at 312-357-1431.
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