La Place, LA asked in Car Accidents for Louisiana

Q: if settle with at fault drivers insurance company in auto wreck does that mean then we can NOT file with my UM?

Attorney is saying we now have to pay his PI to get affidavit from at fault driver stating that is only insurance he or owner of vehicle he was driving has Also is telling us he can not disburse the check he already got from at faults insurance until get this affidavit and if he does disburse it now then it closes it even against MY UM claim I always thought it would just close claim against at faults insurance I feel this attorney is just exhausting ALL funds from at faults insurance settlement check how did he get the check if didn’t settle with them

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1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Personal Injury Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: There is a set off. So for instance IF the fault driver had $100,000 and you had $50,000 UM and you settle with the fault driver for $85,000, THEN the most you can get from your UM is $35,000 (cause you walked away from $15,000 of the fault driver's coverage). ALL medical care providers and attorney costs have to be paid before the attorney gets any fees or you get any damages.

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