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richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 343
Experience:  Attorney in private practice in Phoenix, AZ
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I was in a car accident in Omaha, Ne on March 22, 2015. A

Customer Question

I was in a car accident in Omaha, Ne on March 22, 2015. A lady ran the stop sign and hit me in the middle of the intersection. Since than I have had a total hip replacement and was diagnosis with Occiptal Neuralgia and Cervical Radiculopathy. I was awarded Social Security Disability and was told that the day of the accident was when I became disable. I have had about 21 months of therapy and still need it. My main question is my lawyer called and said the person that hit us was under insured and that the insurance company will only pay out something called the 50/100 rule. The most they will pay is $100,000.00 and it is to be split between all three people that were in the car. My doctor bills by themselves are over $109,000.00. My lawyer said he needed to speak with my insurance to see if the would pay out more. The lawyer said that I could not go to court about this because it was the rule. When I asked how my doctor bills would get paid he said they would call all the bills I had to see what they would except. And if there was anything left over he gets 33 1/3 and I get whats left. If anything and I said that is not right I didn't do anything wrong and that I only receive a $1,067 a month how am I supposed to live. When the accident happened I was a full time student and was working. I was there to pick up my dads ashes and had them in the car at the time of the accident. The accident happened in front of Pleasant Green Baptist Church that is where I was going and them coming back to Denver. My question is can they do this to me? Don't I have rights? How do I pay my bills? How do I buy food? Right now we are 10 days behind on our rent and I have to ask my children for money for food this is not right. I feel like since this happened everyone has taken advantage of me and no one is willing to do the right thing. I am a person and I have feeling just like everyone else. It took over a year of me complaining for my doctors to even run a test on me to find out what was wrong and even when they did no one still did anything. I walked around for over a year with a piece of my hip stuck in my groin area because it had been shattered and no one cared. Please tell me what I can do or who to call.
JA: When we are ready I'll take you to the appropriate web page. What state is this in? And how old is the car?
Customer: The accident was in Omaha, Ne and the car was a 2013 Chrysler 200 I live in Broomfield, Co. They said we had to have a lawyer that could cross state line.
JA: Has anything been filed or reported?
Customer: Yes my lawyer is Hausmann-Mcnally, SC he said they were waiting for a offer
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have many questions but I will leave it at that for now.
Submitted: 4 months ago.
Category: Personal Injury Law
Expert:  richanne96 replied 4 months ago.

It sounds like the at-fault driver had liability insurance with a policy limit of $100,000 per accident. That is all the insurance will pay, because that is the insurance coverage he was paying for. So for anything more than that, each injured person needs to look to his or her own under-insured motorist coverage. If you were paying for such coverage, that will cover you up to whatever policy limit you had with that. To recover anything more, you would have to pursue your claim against the at-fault driver and his own assets. If he owns any real property and you get a judgment against him, you could put a lien on it, for example. You could garnish his wages. But if he does not have much and/or he is unemployed, that would just be a waste of time.