Sign up for your FREE personalized newsletter featuring insights, trends, and news for America's Active Baby Boomers

Newsletter
New

Do I Need A Lawyer At This Point, Or Do We Just Accept The Settlement?

Card image cap

Basically my spouse was in a car accident in Janurary, and they were at fault. My spouse was a cyclist hit by an oncoming vehicle in a construction zone. While it sounds improbable, the police and the insurance company all point the finger at it being my spouse's fault, so there's no contest there (Yes, we tried getting a paralegal involved at first, but they refused to take the case on the basis of it not being a good case). Spouse got a broken back, broken face, and a severe TBI, all meaning they are now permanently disabled (Can still walk).

At this point, four months later, the driver's insurer called and said we're being offered the below:

"I am confirming Allstate's value of the Bodily Injury Liability coverage policy limits of $50,000 to resolve your bodily injury liability claim, inclusive of any known and unknown liens that may exist, outstanding balances owed to medical providers, wage loss, and general damages/compensation, related to this January 3, 2024. Please note that in accepting this settlement, you are releasing any and all claims related to the loss on January [removed], 2024, that you may have against our policyholder/insured driver [removed]. You are ultimately responsible for any and all known and unknown liens that may exist and that if any health carrier should request reimbursement of medical expenses paid on their behalf, it will be your responsibility."

And it continues on:

"It is your choice whether or not to accept this payment and the decision should be made considering all of your options. Accepting the settlement may affect their legal rights to pursue any further claim arising from the accident on January [removed], 2024. You have the choice of consulting with attorney before making any final decisions to accept this settlement."

After this we have a ledger statement that shows the medical bills, of which are VERY well over the 50k they're offering.

My final thoughts are this: Because this is their policy limit, does that mean we can't ask for more? What do we do, and what kind of lawyer/legal person handles this? This is our second attempt at getting legal answers, it's been a bitter and difficult road so far, any and all help is much appreciated.

submitted by /u/Simmikke
[link] [comments]