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this person who hit me has liability 15/30 i am fully covererd at 100/300 it was her fault and so far it looks like im getting 85,000 my wife was also in the car i need surgery (back) i still have to pay my laywer with very little left please let me know what my optios
Asked on June 18, 2009 under Personal Injury, California
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It sounds like you understand the way the insurance works, but just in case, if your damages are over the amount of the other party's limits, you would be entitled to those limits as long as there is no question regarding fault. Beyond her limits, you make a claim on your own policy for uninsured motorist benefits, and you say your limits are 100/300 for that. Since both you and your wife were injured, the limits are the higher amount, so up to 300K after the 30K is exhausted. Once you are ready to settle, you attorney will make a demand, and it sounds like with surgery, you would be heading up toward the upper limits. And yes, you will need to pay your attorney, usually it's 1/3 of the settlement amount. There's really no way to get around it. As long as your bills are covered, (that's the most important thing), what's left will compensate you for pain and suffering and pay for your attorney, I'm afraid.
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