There are a lot of cases for example - other guys insurance offers 10k, your lawyer gets 15k from them, pockets 4.5k and you walk away with 10.5k. (all amounts + or - somewhat)
Insurance question for the lawyers out there
- Thread starter DzynKingRTR
- Start date
Years ago it was illegal for lawyers to advertise at all. The bold statement above was put in as a sop to lawyers who were against advertising. Am I right, Boss man?
Rule 7.2(a) of the Rules of Professional Conduct states it must be in the advertisement. Not sure as to when or why the rule was created, though.
Answering you will answer the others also. 99% of all lawyers are anti-advertising and would do away with it tomorrow. This includes some of the plaintiff lawyers who find themselves pressured to advertise to meet competition. The SCOTUS determined it to be a 1st Amendment right in Bates vs. State Bar of Arizona, 1977. The mandatory statement at the bottom is the most the court has allowed bar associations to get away with...
I'm dealing with an insurance settlement right now from a wreck my wife was in back in April. I've learned that subrogation can work in your favor. What your lawyer should've done is have the insurance companies work with each other (actually you can do this without a lawyer). This by passes you and protects your "pain and suffering settlement". You must give the auto insurance access to any records/bills. They can pay unpaid medical bills directly and your health insurance could've directly subrogated with them. You would've gotten your pain & suffering amount which, in most cases, cannot be touched by subrogation. This way if your health insurance tried to subrogate from you, they cannot because you have a legal challenge to fight it. This most likely wouldn't happen because the insurance companies would've settled it. If your medical expenses exceeded the policy maximum, then the auto insurance would've gone after their client for the difference. Your health insurance would've gotten reimbursed and you would've gotten pain and suffering. You also wouldn't have a lawyer fee. Your part of the settlement would have been less but part of settlement is possible subrogation costs which is factored in the amount if you allow the insurance company to pay you all of the settlement. Your lawyer should've asked for the policy maximum. This way you had the money to subrogate. They would've paid it. To them, it's just the cost of doing business.
In our case, I've notified all bills and Blue Cross. My wife is pregnant and I'm not doing anything until the baby is born and she can get checked out after he's born. If we settle before then, when she goes for a examination (X-rays and such they couldn't do in the ER due to the pregnancy) I'm not going to run it on our Blue Cross. I'll be a cash paying customer because the exam/tests are wreck related.
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In our case, I've notified all bills and Blue Cross. My wife is pregnant and I'm not doing anything until the baby is born and she can get checked out after he's born. If we settle before then, when she goes for a examination (X-rays and such they couldn't do in the ER due to the pregnancy) I'm not going to run it on our Blue Cross. I'll be a cash paying customer because the exam/tests are wreck related.
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The offer to settle for policy limits, putting the other insurance company in the bind of paying that or having unlimited liability is something a lot of lawyers don't know about. However, from what he's said, the defendant had minimum insurance. His pain and suffering were protected. He just wants to keep the med specials for himself, even though his insurance company paid for them...
I understood that. They're not going to allow that to happen. A lot of insurance companies are underwritten to insure themselves when the policy is maxed out. Usually another $50k-$100k depending on the policy/company. You can go after that too if the circumstances demand it.
Sounds to me the problem is with the lawyer he hired. That person really screwed the pooch on this. Even a "lay" person could've handled this better.
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Well, I hate to pass judgment without being sure that I know all of the facts...
We've had our fill of dealing with insurance claims over the last five years with automobile wrecks, hospital stays and medical bills. Here's what became overly clear to us. The primary goal of the insurance premium you pay for each month is to make the insurance company profits. That's the main goal. It isn't to "take care of you and your family when hard times hit". I don't care what their commercials claim. There's a reason that insurance policies are written in such a way that when things happen (such as your case) a lot of hurdles and nuances have to be cleared before they start writing checks. They give themselves so many "outs" in their policies that after a situation happens, the insured starts to realize what they agreed to in the policy feels like they really didn't have insurance at all. I feel bad for what you're going through. My family lived a nightmare of an insurance claim for three and half years before it finally came to an end. It ultimately ended with us blowing through $18,000 worth of savings that I've never seen in our savings account since. Thank God we had insurance......I guess. :conf3:
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My under insured motorist insurance has finally decided to offer a decent amount of settlement, so maybe if I have to pay back my health insurance it will not be as bad. My lawyer and I maintain I should not have to pay back any of it because I wasn’t “made whole”. I still have issues with my thumb/hand/wrist. I am told it is tendonitis and this will now be a lifelong issue. Basically one of two things is happening when I try and bike for an extended period. One, my hand cannot grip at all and feel stiff and achy. Two, my hand gets stuck in a grip position and it is gain stiff and achy.
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