Seeking Advice on Auto Accident with Underinsured Driver
I’m facing a tough decision and would appreciate your insights. After being rear-ended while stopped in traffic on the highway, I’m contemplating whether to pursue a lawsuit for damages and my medical expenses or accept my insurance company’s offer, which would leave me with a loss of about $5,000–10,000. The other driver doesn’t seem to have much coverage, so I’m also considering whether small claims court might be a better route than hiring a law firm.
For some context, the collision was significant enough to lift the back of my car and push me into a semi truck, totaling both vehicles. Even though Florida is a no-fault state, the crash report clearly indicates that the other driver was at fault for following too closely. I have dashcam footage that supports this claim, despite no citation being issued at the scene. My airbags didn’t deploy, but the other driver’s did. The day after the accident, I sought medical attention at urgent care and have been dealing with persistent soreness and numbness in my ankle, hip, and shoulder since.
Initially, I reached out to a small, reputable local firm, but they declined to take my case. I’ve since contacted a larger regional firm that has agreed to represent me, but I’m hesitant to sign with them, uncertain if their efforts will yield a settlement that covers my losses.
The other driver is insured with Ocean Harbor Casualty, which I’ve heard has a poor reputation for responsiveness. When I filed a claim with them, I discovered their policy has a $10,000 property damage limit that would cover both vehicles—likely leaving me with only a fraction of that. My own insurer is offering a payout that is $3,000 less than what I still owe on my vehicle. Without gap insurance (which I wasn’t offered when financing) and declining uninsured motorist coverage, I’m left needing to cover the remaining loan balance and find additional funds for a new car.
Ultimately, I just want to be made financially whole again. I would greatly appreciate any advice on whether legal action is worthwhile or if I should accept the insurance settlement. Thank you in advance for your guidance!
It sounds like you’re navigating a tough situation with a lot of potential factors at play. Here are some considerations that might help you weigh your options:
Medical Evidence: Given your lingering symptoms and the fact that you sought medical attention, it’s crucial to document all your medical expenses and treatment plans. If you decide to pursue legal action, having a clear record of your medical issues will strengthen your case for current and future medical expenses.
Underinsurance Challenges: Since you’re dealing with an underinsured driver, it can be tricky. If their insurance policy has a $10,000 limit and that needs to cover both vehicles, you might not receive much from them. Calculating your actual overall losses (including vehicle costs, medical bills, lost wages if applicable, etc.) will help you determine if pursuing further action is worthwhile.
Small Claims vs. Legal Representation: Small claims court typically has monetary limits that vary by state (in Florida, it’s up to $8,000). If the amount you are seeking exceeds this limit, it may not be a feasible route. If you do choose legal representation, ensure their fee structure is clear before signing anything. Consider whether you’d be comfortable handling this without a lawyer, as legal proceedings can be complex.
Settlement vs. Lawsuit: The offer from your insurance company may seem insufficient, especially given the potential out-of-pocket expenses you might face. However, pursuing a lawsuit can be time-consuming, and there is no guaranteed amount you will recover. Calculate how much your medical expenses and vehicle damage will be, and compare it to the insurance settlement to see if it justifies the effort.
Future Considerations: If you pursue a lawsuit, keep in mind it might take months or longer to resolve. Weigh your need for immediate funds against the potential for a larger payout down the road.
Insurance Company Negotiations: Sometimes, insurance companies will negotiate upon receiving proof of damages and medical treatment. Before committing to a legal route, you might consider negotiating once more with your insurance to see if they can meet a higher figure.
Consulting with the Law Firm: Since a larger law firm has shown interest in your case, have another conversation with them. Ask them to clarify the potential outcomes based on your specific situation, including what they would expect in terms of settlement dollar amounts and timeframes. This can help you feel more confident in your decision.
Ultimately, only you can decide what’s best for you, considering the financial, physical, and emotional toll this process may take. It’s always beneficial to consult with a legal professional who can give tailored advice based on your specific circumstances. Good luck!