My step daughter was involved in an automobile accident and severly injured. Broken neck, Severly broken right arm. Luckily she is able to walk, has full feeling, and did not have any brain damage. Her right tricep muscle was removed and there is potentially nerve damage in her right arm. She has been pinned and plated back together.She was a passenger with her boyfriend. There is an investigation starting to determine if there was an equipment failure that caused the accident (A RIM) or if it was just bad driving. We desire to preserve the relationshp with the family and are trying to navigate the process of claims together. We realize at some point that our daughter will need to make a claim separately. Is it warranted to have an attorney involved early - and obligate the 30% of the settlement fee OR should we follow a slow path of escalation and work directly with the insurance carriers first, then bring in an attorney later if needed?As a personal injury lawyer, I'm interested in knowing your guidance to manage the process to preserve as much of the settlement for our daughter as possible.
State/Country relating to question: North Carolina
This is the first place I'm going.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.I would assume that the boyfriend really has no assets. In that case, this appears to be a policy limits case so you should ask him for the information on his insurance policy an she can make a written demand for policy limits. He is probably only carrying the minimum and that is all you will get from him and that can usually be done without an attorney. There may also be insurance coverage under your own policy and that may be where you need the assistance of an attorney. You do need to notify your insurance company in writing of her claim. It may also be a policy limits claim on your insurance.
Thank You. Can you describe the relationship (or escalation process) between the primary insurance carrier (boyfriend's), and our daughters insurance carrier. Is it a case of underinsured motorist coverage or are you suggesting something different that our insurance carrier would need to cover? What is the attorney needed for in that piece? What is the complexity that needs to be navigated. There is also potentially a manufacturers defect of a RIM that we are investigating. If analysis shows a failed piece of equipment, then we will definatly get an attorney involved to manage that. Thanks again. Just looking for the where the attorney needs to be involved in the insurance piece at this point.
Is it a case of underinsured motorist coverageYes from your own insurance carrier. The rules on that vary from state to state and that is where you may need some assistance if your carrier is not willing to pay policy limits assuming that you have coverage. The attorney would also assist you with the subrogation rights of the medical providers and that can be a real issue where you will need assistance.lwpat41129.478171956
Practicing attorney with expertise in trucking accidents
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