Are victims of car accidents just supposed to accept drastically low settlements when the at fault party is under-insured?

Question

I'm completely shocked and take aback by this process.
I was in a car accident of which the other driver is 100% at fault. He has a policy limit of 100k. 
I retained an attorney 3 yrs and some months ago, our agreement is the she will receive 1/3 of the gross settlement before medical bills.
All of my medical bills, 61,000 in total, were billed to medicaid which is the insurance that is given to people in my state that are out of work. The bills have been paid by medicaid, leaving me with no balance. However, there is a lien on my settlement which entitles medicaid to take back the entire 61,000 from my settlement. My lawyer didn't ever explain this to me. Had I have known I'd have to pay back bills that were already paid, I would have tried to have the defendants car insurance or my car insurance billed for the medical bills, not medicaid under my name.
Now I owe medicaid 61,000, my lawyer will be owed just over 34,500 after her 1/3rd and fees. The policy limit is only 100k, that means I lost 95,500 of the settlement.
This to me seems outrageous. I have permanent nerve damage, I've been to over 100 medical appointments including 6 specialists, had an invasive procedure in the OR, have reduced function of my left extremity and had to change careers since my career was physically demanding, the career I have a degree in. My earning capacity is drastically reduced now. I lost wages, had to drop out of school. 
Why can my attorney not go after assets the defendant makes 100k+/yr

? · Answer

Most lawyers take most of the money they win for you. Why even hire one since you'll get almost nothing from the lawsuit and the lawyer keeps getting rich at the expense of their clients. Fight your own battle and give nothing to those parsites.

Anonymous · Answer

Yes. Insurance companies are big crooks. You are SOL.

random_man · Answer

If the other person doesn't have adequate insurance, and they don't have any money or assets to take, where do think the money is going to come from?

? · Answer

Yes if Medicaid pays your bills any income you derive from a law suit must reimburse Medicaid before you get addition funds

You did not have a good lawyer and you should not have settled for that amount. I am sorry for your horrible situation and that we have too many lawyers with skills that are not worth the paper their degrees are printed on.

If you have copies of all of your court documents and bills, try to find another lawyer who will review them to see if there is anything else that can be done. And please be sure to ask questions before signing anything.

kswck2 · Answer

You asked this a couple of days ago. And I shall reitterate-if all you get is a pittance, something is wrong.

Anonymous · Answer

Unfortunately, you can REFUSE the insurance settlement and sue the other party individually - once you accept the settlement check you lose the option to sue.  Didn't  you ask this same question yesterday?   Your attorney CAN and should negotiate the medical bills.  Are you saying that the attorney's percentage is outrageous?  You had the option of NOT retaining legal counsel OR negotiating the percentage the attorney receives.  I have NEVER seen a personal judgment for damages arising out of an vehicle accident go over the amount of the insurance.  Never.  And the Judges where I live take the position that underinsured/uninsured coverage was available, and it was your choice not to take the insurance with a high policy ceiling.  I carry $1,000,000 under/over in case I'm involved in an accident involving serious injuries and the other driver is basically underinsured.  I see no way out of this for you - sadly.  I think people who post answers on the legal boards should research before they post answers, answers which can only make your situation worse.

Slickterp · Answer

You can sue the person themselves.  You attorney can sue the person directly for sure.  If they are telling you they cannot, get a new attorney.

ihavqs2 · Answer

Consult with a different personal injury lawyer - asap.

The Oracle of Omigod · Answer

That's why liability insurance should be added to the price of gasoline - but that is considered racist.

Maxi · Answer

Legal action and settlements are meant to make you whole... not earn you money

Are victims of car accidents just supposed to accept drastically low settlements when the at fault party is under-insured?

11 Answers