Q: Car accident - question before discussing settlement.
We were involved in a car accident. My wife was driving the car and lost control (possibly a burst tire). No other parties were involved. We drove off the road and hit the trees. Air bags were deployed and my left forearm was fractured. My wife and daughter came out clean. They were taken into nearby ER to check. The car was total loss.
Since i was far from trauma center i was airlifted to the nearest trauma center and was taken into ER and surgery.
I have still not received all medical bills but the airlift alone was $39,000. My car insurance is offering to settle for $30,000 and not willing to offer more.
My coverage with them is 30/60/25. When would the 60 of the coverage come into play? I think since i was injured we should get 30k and 60k for the accident. Please advise if this understanding is correct and what my options are (apart from hiring a lawyer)?
Also, the accident occurred in MO, but we reside in NC. Which state law will be applicable?
A:
I believe I answered this before. You are getting the limit on your liability. The most any one person can get is 30. The most any two or more people can get total is 60. Not sure what the 25 is--possibly property damage? Ask your agent.
You should talk to a member of the Missouri Association of Trial Attorneys in the county where it happened, to get an idea if Missouri has a law similar to New Jersey's that gives higher medical payments. Ask them if there is a right of subrogation
for health expenses paid by health insurance (If you are on Medical Assistance, VA medical or Medicare there is).
You should run any excess medical through your health insurance. They may then have a right of subrogation, but usually won't take more than a third.
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