Legal Question in Personal Injury in Kentucky

Settling with my insurance company

I was involved in a 2 car injury accident 15 mos. ago. My minor son was driving and was at fault. My auto insurance wants to settle my personal injury claim for $100,000. The attorney for my auto insurance has submitted for me to sigh a Settlement Agreement and Release that would release my son and his liability insurer from any claims that may be sustained in the future. At the time of the accident we carried personal injury protection in the amt. of $100,000 per person and $300,000 per accident. Furthermore this Agreement demands that I will satisfy all derivative third party claims and promise to idemnify my son. Is this agreement drawn up to protect my son or to protect my auto insurance carrier from further financial obligations? Additionally my primary insurance carrier that has paid $78,000 thus far for my care now has a lawyer that is demanding for my primary insurance carrier 100 cents on the dollar for every dollar that they have been out thus far. The language is confusing and I need your help. Thank you so very much. Pamela


Asked on 5/05/03, 1:44 am

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Settling with my insurance company

DO NOT SIGN ANYTHING WITHOUT HAVING AN ATTORNEY REVIEW ALL PAPERWORK!!! I can't stress this enough. Even if you don't hire them to "handle" the injury claim, at least hire someone competent on an hourly basis to review all documents and advise you on the best course of action. There may be coverage available you don't know of or haven't thought of. 100,000 in PIP is alot of coverage and it sounds as if your injuries were terribly severe. With the dollar values at stake here, handling this claim by yourself with the help of a little "online advice" isn't wise. It's the foolish doctor that operates on himself. Get live and in person help from a personal injury attorney in your area soon. The bar association can give you a referal if you need one. Without seeing the documents and reviewing the injuries/coverages, I can't give you any better advice. Best of luck, and if you need help, feel free to call (859) 491-5800.

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Answered on 5/05/03, 6:31 pm


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