Expert: Richard Hixenbaugh - 8/6/2009

Question
Passenger rights with personal injuries.  I was a passenger in a Taxi.  My driver not at fault.  At fault driver may have low policy limit.  I had Right Shoulder Surgery and Now in PT.  I've got nerve damage issues and my health insurance is paying most of the medical bills but will subrogate.  My out of pocket expenses have exhausted my savings and I don't see settling this claim no where in the near future due to my other issues.  I need some money now to help pay transportation to all of these doctor appointments.  I have UIM.  Is anybody obligated to advance me some money to help pay for some of the ongoing costs of mytreatment.   My medical bills are 40K and growing.  Lost wages $10K  Transportation costs 2K Please advise.

Answer
Hi Vanessa,

Generally no. Injury settlements are normally done as a one time lump sum settlement when all treatment is completed. You may want to talk to your insurance company to see if they agree that your claim is well in excess of the at-fault persons insurance limit. It may be possible for you to get the policy limit from the other company and then pursue the balance from your own UIM coverage at a later date. Hopefully you are represented by an attorney. If so, you should discuss this with him/her. If not, you should seek the advice of an attorney A.S.A.P.

I hope this helps
Richard Hixenbaugh