I was In a car wreck in dec 09 I ended up being hit by a lady with no insurance etc. my uninsured motor insurance won't pay a dime to help me. I am looking to loose my entire business from med bills etc. can I sue for beyond policy amount for losses? I am in arkansas. My med bills are around $250,000 I have hired someone to do my physical labor and will have to for the rest of my life. My doctor said he would testify all was done by wreck and my neck will never b right. Can I use the bad faith laws? Or maybe a tort claim?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Hello,My name is XXXXX XXXXX X am an attorney here to provide you with legal information. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button. When we are done, please take a moment to click the rating tab to rate my work. My goal is EXCELLENT and I hope your rating reflects that.To assist me in answering your question, please tell me:1. What state did the accident occur in?2. Has suit been filed and if so when?3. What is the stated reason for the nonpayment by your UM carrier?FiveStarLaw41132.9135961458
It happend in arkansas, they have not disclaimed the woman hitting me or anything. I have had my neck fused and im going to have my neck operated on again. I will have one more additional surgery after this one. I have an atturney but he has not filed anything. I have a life planner and my GP has agreed to testify that all of my problems were from the wreck. I need to know if I can get more money through the tort or bad faith laws to cover atturney fees or additional stuff. It has been almost three years and I do not have the money for the down payment for this surgery.
Thank you for your information. Sorry to hear of the extent of your injuries and the difficulty that you have obtaining paymentThe statute of limitations in Arkansas is 3 years from the date of the accident. This means in order to obtain any recovery at all, you must either settle or file suit prior to December 2012.You may want to consider encouraging your attorney to be more aggressive or consider meeting with more aggressive counsel. You cannot establish a bad faith action, unless you file suit under the tort laws first.When you file you will not be choosing between the tort laws and the bad faith laws. You would be filing suit for your injuries in tort. If the award is more than the policy limits of your UM policy, and your attorney has properly noticed and demanded policy limits from the UM carrier, you would then file the bad faith action.Frankly with your very severe injuries and the looming statute of limitations, most actions would have already been filedI think this is what you wanted to know. Please let me know if I have answered your question or whether you would like further information
You have answered my questions awesomely one last thing. Should I fire my attorney? If I do am i liable for payment to him since he has recovered no funds for me?
Is there anyway I can make the insurance company pay me without his services? I have put an email into the insurance company to get an answer of why they will not pay me and I asked them to do so in writing.
I have a geico policy of 1million and an allstate for 100k and wish to collect both in full for I am and will be in pain for life. Doctors quotes.
You have answered my questions awesomely one last thing. Thank you so much. It is my pleasure to clarifyShould I fire my attorney? I cannot know enough about your situation to give you advice. However you may want to meet with local counsel to review the file to determine whether you should continue with your attorneyIf I do am i liable for payment to him since he has recovered no funds for me? A typical contingency fee agreement would give your attorney a lien on the file. This means that when a recovery takes place, the attorney's fee would be divided between the new attorney and the current attorneyIs there anyway I can make the insurance company pay me without his services? At this point it is not very likely. You are very close to the statute of limitations. As the statute of limitations approaches, it will be more difficult to negotiate a settlement and it will be more difficult to retain new counsel if you choose to do so I have put an email into the insurance company to get an answer of why they will not pay me and I asked them to do so in writing. typically you should not have any contact with the insurance company went you have retained counsel. All correspondence and contact should be through your attorneyI have a geico policy of 1million and an allstate for 100k and wish to collect both in full for I am and will be in pain for life. Doctors quotes. I do not think that is unreasonable from the facts you have presentedIt has been my pleasure to work with you and I wish you success. If I can be of assistance in the future, begin your question with: "For FiveStarLaw" Thank you in advance for remembering to rate my service. JustAnswer pays me for my time ONLY if you leave me a positive rating . If you experience difficulty using the rating feature PLEASE let me know. I hope that I have provided you with excellent service.
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