You could consult with an experienced personal injury attorney to help you make a well-informed decision here. An attorney could advise you about the factors that are considered in determining the value of such cases. They could outline the damages you could possibly be entitled to, based on the detailed facts of the case and your injuries.
Regardless of whether you choose to retain an attorney to...
Peter Munsing's answer You bet. The underinusured is like another liability claim except the lawyer has to show your case is worth more than the limits of liablity s/he collected for you. The workman is worth his hire. (1 Timothy 5:18)
Peter Munsing's answer Look at your fee agreement. It usually says for the amounts recovered. Two checks for one case mean that's the amount recovered. The exception might be if one was for property damage not part of an injury claim.
Peter Munsing's answer The offenders insurance should give you a "prior authorization" though depending on your state they may not have to (depends on what state it happened in). If your car got totaled chances are you have an injury so I suggest you contact a member of the Delaware Trial Lawyers Assn--they give free consultations. If you need names let me know.
Do understand that your car rental ends when they are ready to put the money in your hands.
Adam Studnicki's answer Whether there was a police report doesn't affect whether you can file a lawsuit. Talk to a local lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a...
Adam Studnicki's answer The owner's insurance may not cover it, and the driver is probably gone (and uninsured). May be easiest to turn it over to your insurance.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant...
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