Legal Question in Personal Injury in Alabama

There were 8 people in a suv hit on the interstsate 4 people hurt and contacted an attorney for help in recovering medical bills, etc. the attorney called to say that the other driver had only 20 thousand in coverage and there was nothing left for pain and suffering and i needed to apply for a county card to continue medical services. Is this person not responsible for my pain and suffering and other expenses. Do I need another attorney?


Asked on 12/04/10, 2:53 pm

1 Answer from Attorneys

Mark Wolfe Boteler & Wolfe

I am licensed to practice law in Alabama. There may be additional coverage for you under the SUV policy and/or your own policy known as underinsured motorist coverage. All policies of auto-insurance in Alabama must provide underinsured motorist coverage unless it is specifically rejected in writing. Underinsured motorist coverage comes into play if the at-fault driver does not have enough coverage for the liability claim. (Which sounds like your situation.) if the SUV does not have Underinsured coverage and you do on your own personal auto(s) then you can still access that even though you were not in your vehicle at the time of this collision. If underinsured benefits are paid by the SUV policy and/or your own policy then that insurance company will pursue the at-fault driver for repayment. If you currently have an attorney then an inquiry into this potential coverage should be discussed with him or her. (An experienced MVC attorney would know about this and should have explained all this to you.) However, that attorney may have a conflict of interest if he or she is representing multiple clients and there is limited insurance coverage to adequately compensate all clients. Our web site has more information about MVC laws and claims in Alabama www.botelerwolfe.com and you can e-mail me privately at [email protected] or call me toll free 1-866-975-7766 to discuss further. This is a rather complicated situation but I may be able to provide some guidance. We handle only personal injury cases and the majority of those cases are from motor vehicle collisions.

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Answered on 12/09/10, 3:16 pm


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