Expert: Anne - 1/23/2008

Question
My husband was in an accident and we are working with a lawyer to try and get money for his injuries. His lawyer said that since the party at fault only had coverage for 20,000 that that is all we can get, is that true? Of course that wont cover if he has surgery or the rest of what we owe on his motorcycle since it was totaled. Can we do anything further or just except what little money we're given? The lawyer said if we dont sign the paper he gave us so we can get only 6gs that wont cover anything, then we dont get anything.
I really need help and no one seems to want to help or just say they can't.

Answer
Hi Jessica,

Well, your attorney is the best person to go. Most people cannot give you any advice. When you are represented by an attorney, that means that everyone must go to that person. The theory is that if you are represented it means that you yourself cannot handle the matter adequately. This means that everyone must talk to your representative (your lawyer).

In the general sense, you only have recovery for all damages. However, you might only get what the insurance limits are. Most people do not have more assets than their insurance policy. Insurance companies will not pay unless you sign the release of all claims (a promise to suit anyone after you deposit the check). Technically speaking, you can go after the liable person, but lawyers look at the situation and see if that person even has anything to pay with. Going after someone is expensive and can take the entire award.

The best thing to do is to sit with your attorney and look at the best possible option. She/he can tell you what is the best thing to do in your specific circumstances.

Good Luck,

C.Q.
http://www.auto-insurance-claim-advice.com