Advice Needed: Auto Accident with Underinsured Driver
I’m seeking guidance on whether I should pursue a lawsuit for damages and current/future medical expenses or simply accept my insurance company’s offer, which would leave me with a loss of around $5,000 to $10,000. I’m considering my options, as the other driver’s insurance seems limited, and I’m curious about whether small claims court may be a better route than hiring a law firm.
Here’s the situation: I was rear-ended on the highway while stopping for traffic. The impact was significant enough to lift the back of my car, causing me to collide with a semi-truck, totaling both vehicles. Although I live in Florida, a no-fault state, the crash report clearly indicates that the other driver was at fault for following too closely. I have dashcam footage from multiple angles that backs this up, despite no citation being issued on the scene. Interestingly, my airbags did not deploy, whereas the other driver’s did. I went to urgent care the following day and have since experienced persistent soreness and numbness in my ankle, hip, and shoulder.
Initially, I consulted a small, reputable local firm, but they declined my case. I then reached out to a larger regional firm who expressed interest, but I have yet to sign with them because I’m unsure whether their efforts will yield a settlement that would adequately cover my losses.
The other driver’s insurance is through Ocean Harbor Casualty, which I’ve found to have a poor reputation based on reviews and online discussions. When I filed a claim, I discovered their policy has a $10,000 limit for property damage, which will need to cover both vehicles—meaning I’ll likely only recover a fraction of that. Meanwhile, my own insurance company is offering a payout that is $3,000 less than my car’s outstanding balance. Without gap insurance—an option my lender didn’t provide at financing—and having declined uninsured motorist coverage, I’m now facing the prospect of covering the remaining balance and needing funds for a new car down payment. I want to make sure I’m as financially whole as possible.
I’d really appreciate any insights on whether pursuing legal action is worthwhile or if I should accept the insurance settlement. Thank you in advance for your advice!
It sounds like you’re in a tough situation, and I understand how overwhelming it can be to navigate the aftermath of an auto accident—especially when dealing with insurance companies and potential legal action. Here are some points to consider as you weigh your options:
Medical Expenses and Future Care: Since you’re experiencing ongoing medical issues like soreness and numbness, it’s crucial to take these into account. If your symptoms persist or worsen, you may have future medical expenses, which is an important factor when considering a settlement. An insurance settlement might not cover all your future medical costs.
Value of Evidence: The dashcam footage strongly supports your case regarding the at-fault driver. If the footage clearly shows their liability, it may strengthen your position if you decide to pursue a lawsuit, even if the other party’s insurance limits are low.
Small Claims Court vs. Hiring a Lawyer: Small claims court can be a viable option, especially if the amount you’re seeking is within their limits and you feel comfortable representing yourself. However, keep in mind that the process can still be time-consuming, and you might benefit from professional legal advice, especially if your case gets complicated. The larger law firm you’ve contacted may have more resources to deal with a potentially challenging case, especially against an unresponsive insurance company.
Financial Recovery: If you have evidence and a solid case, pursuing legal action could yield a higher settlement than the offer you currently have. However, if you choose to accept your insurance company’s settlement, consider negotiating further. They may be willing to increase their offer if you effectively communicate the extent of your damages.
Long-term Impact: Assess how important it is for you to recover fully from this incident financially. If taking legal action could help ensure that you’re not left with out-of-pocket expenses, it might be worth considering, despite the potential for a lengthy process.
In conclusion, it may be worthwhile to consult further with the law firm that has shown interest in your case; they may have insights into the viability of pursuing a lawsuit given your circumstances. If you decide to go to small claims court, make sure you have all your evidence and documentation organized. Ultimately, you should prioritize your health and ensure you don’t end up with financial burdens down the line. Good luck, and take care!