Can I separate out the claims ($15,000 policy limits) and then go after responsible party for medical bills separately? 11 Answers as of August 28, 2013

I was hit by a car at a crosswalk. The driver claims fault. If he has the insurance minimum of 15k, I want to keep that check in my pocket. Can I then sue for medical expenses only and have the lawyer agree to keep his fees from that lawsuit and not take from the insurance check?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Probably not. As a requirement to settle with the driver and to get the money, you willhave ot sign a release that releases him from any and all further responsibility.
Answer Applies to: Michigan
Replied: 8/28/2013
Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
No, any settlement you make with the at fault party's insurance company will require you to sign a complete release.
Answer Applies to: Florida
Replied: 8/28/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You must be kidding, right? you get police limits of 15 or your get your day in court. You don't get a chance to have your cake and eat it too and then stiff your lawyer follow your lawyers advice and don't try to stiff him and second guess what he tells you. if you don't trust him fire him. If you trust him don't try to stiff him and second guess what he tells you.
Answer Applies to: North Carolina
Replied: 8/28/2013
John Russo | John Russo
So whats the 15k for? Sounds like you wish to be the finder of fact and determine everything in advance i.e. I will keep the 15k because that's what I want, and I determined based on all the facts as I see them that , this is what I am entitled to.
Answer Applies to: Rhode Island
Replied: 8/28/2013
The Lariscy Law Firm, PC
The Lariscy Law Firm, PC | Joseph E. Lariscy, III
If you hire a lawyer to handle your case, their fee typically comes out of your settlement on a contingency basis (you get paid, the lawyer gets paid). Review your agreement with your attorney to see what you agreed to do. Best of luck to you.
Answer Applies to: Georgia
Replied: 8/28/2013
    Nash & Franciskato Law Firm
    Nash & Franciskato Law Firm | Brian Franciskato
    I doubt it. The insurance company will most likely want you to release the insured from all liability.
    Answer Applies to: Missouri
    Replied: 8/28/2013
    Ortiz Law Firm
    Ortiz Law Firm | Nick A. Ortiz
    If you accept the check, you may be releasing the at-fault party with no ability to sue in the future. If I am understanding you, you want to sue for above the $15,000, but you do not want to pay any attorney's fees on the first $15,000.00. You should still consult with an attorney to discuss your rights. In such instances, I advise potential clients that I will only take a fee on the amount above what has already been offered. For example, if you already have $15,000 on the table and we step in and get an additional $10,000.00, we only take a fee on the $10,000 in excess of the $15,000.00. This is something that can be negotiated with an attorney. Keep in mind, that some attorneys may have you sign a contract enabling them to get a fee on the first $15,000.00. You would need to carve this amount out of any agreement.
    Answer Applies to: Florida
    Replied: 8/28/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    The attorney fee contract is like any other contract. It is negotiable.
    Answer Applies to: Alabama
    Replied: 8/28/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    You can sue for whatever you want but the driver's insurance will pay only $15K and they may demand a full release of any further payments to you. I am aware of no lawyer who would cooperate with your plan to cheat the lawyer our of his/her fees.
    Answer Applies to: California
    Replied: 8/28/2013
    Padove Law | Burton A. Padove
    No. If he offers the policy and you accept it, you will have no further claim against that driver.
    Answer Applies to: Indiana
    Replied: 8/28/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    I am not sure exactly what you are asking. It sounds like you are receiving $15K in PIP for your bills.
    Answer Applies to: Oregon
    Replied: 8/28/2013
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