I’m very sorry to hear about your mother.

Soliciting you was unethical of the lawyer.

As far as subrogation goes at least in Alabama, the insurance companies typically can only take a portion of money you receive from another insurance company to be repaid for the money they originally paid.

Policy limits probably will not be adequate. Was the 19-year-old driving a company car? Was it her parents car? Do you have uninsured or underinsured motorist coverage with your mother’s policy? You can typically get your own insurance to cover additional compensation. And if she had multiple vehicles with UM coverage, she can stack them all.

This is based on Alabama law and the brief amount of facts you’ve given me. This does not constitute legal advice or representation. Please find a reputable and experienced lawyer in your area.

First, my condolences. I’m both saddened and infuriated by your story. The unethical lawyer didn’t push your case back on you out of the kindness of his heart trying to help you out. He made a calculated decision that there wasn’t enough money for the time he would invest on the case. I would find another attorney, but I would guess the car was solely in the 19 year olds name and there are no assets to go after. You need to be sure and the only way you will know for sure if there is a more fair solution is to find an attorney willing to explain your options.

It sounds to me like this lawyer is a real POS. You don't need a lawyer for a policy limits judgment for a fatality, and he left you completely unprepared for the resolution of the claim.

If you have underinsured motorist (sometimes lumped in with your uninsured motorist coverage), that can help. Contact your insurance company.

thanks fellas, I am going to do a title and assets search , yes she was driving her parents car. I have no clue about them, I just want enough to pay her funeral and associated bills and headstone and things.
I will get to work and keep you all posted.

Very sorry for your loss.
I'm in the camp that you need legal representation here as it is likely a complicated situation to unwind and it needs done correctly.
Couple of questions that I did not see addressed:
1. Did mom have un/underinsured motorist?
2. Does other driver or her parents have an umbrella limits policy? This is not something they are likely going to offer up voluntarily.

A positive answer to either of these questions changes the ground rules drastically.

I don't know what makes me more angry reading that, the 19 year old idiot on her phone or the scumbag from her insurance company.

Is the girl not charged with a traffic death?

Shawn, I am so sorry for your loss. Dealing with the legal and insurance bs on top of the emotional trauma of losing your mother is a heavy load.

I am not a lawyer.

Your mother's estate is separate from you. It consists of her assets, including anything due to her like insurance, minus her debts. You start with adding up her assets, which would be her bank account plus fair value of her stuff (which isn't much if it is typical household and personal stuff). Then from those assets there is a prescribed order for paying HER debts. First is funeral costs (cremation, burial). Next are medical bills. After that are the other things like the electricity bill, credit cards, etc.

YOU personally have NO obligation to pay for any of those. Beware the jerk collectors and scammers trying to get you to pay them.

If insurance pays HER for her loss, then that goes into her estate. So the value of her car, medical expenses, even her pain. Anything that the other driver's insurance pays out TO HER can be grabbed by those owed money, such as the ambulance and hospital.

I believe it correct that you or your lawyer should contact those medical providers and get clarity on the billing, ensuring it is properly billed to her insurance first. There are limits on what they can bill medicare and her. The first number will look really big, then it will be reduced.

Aside from that would be any compensation YOU get for the emotional distress of losing your mother. That is your money, and cannot be grabbed by the ambulance, hospital, power company, etc.

Also, see if you can search for any life insurance she may have had. Sometimes older people will be talked into smallish policies to cover final expenses, so perhaps $10k-20k. Perhaps as part of her car or other insurances, or perhaps a standalone policy. My sister was sold such a policy by some cretin sneaking around her assisted living facility, but in her case it will be in our favor. I discovered it by going through her banking records and found the monthly auto-pay.

Best of luck.

I deal with auto insurance companies every week, and the job of their negotiator is to pay you as little as possible, whatever it takes. They will lie, trick you, etc.

Also, as what Fly-Sig mentioned, what the air ambulance and hospital are trying to charge is totally different what what they expect to receive.

I am fairly sure you need some professional help here. As MC will pay most or all of the health care bills, you really need someone who knows the law. The insurance company employee may act like your new best friend, but they are not. Do not trust them.

I am very sorry about your mother and now you having to deal with this legal matter. She, your family and you are in my prayers.

quote:

Her insurance claims guy stated that the air evac and ER bill was close to 400k and that those companies that provided those services had "put a lien" on any payout. He told me to call them and have them try to bill her medicaid first and then I would be able to keep most of the money.

First, my condolences to you and your family on the loss.

People need to read, the insurance company isn't the one trying to subrogate, it's the medical providers that were not reimbursed by the responsible party who are legally allowed to recover costs for their unpaid services for any payouts from the insurance company.

This is a common practice in every state, and the providers don't always file liens, but for $400K it's very likely.

You need the best attorney firm available with the funds to go head to head. Contact Morgan and Morgan before you go any further, it's free, they are huge and if they win, a lot.

If I'm in your shoes, this is who I call.. and they'll review it, tell you the facts, good or bad, and if it's there, take you on.



https://www.forthepeople.com/office-locations/texas/

I used to work for medicaid and later in an attorney’s . If medicare, medicaid or your insurance company paid any funds out they would have a subrogation claim or lien against the settlement. In an accident, the attorney would typically negotiate with all the claims to settle the case. You need to talk to an attorney.

quote:

Originally posted by RogueJSK:

quote:

Originally posted by StorminNormin:

quote:

Originally posted by golddot:

I was contacted/solicited by an Attorney firm offering to represent me.

First, I am sorry for your loss. Second, does this attorney not understand that him seeking you out like this is a third degree felony in Texas?

A quick reading of Texas law suggests that if the solicitation was in person or by phone, then it would constitute barratry.

But if they solicited by mail, and it was at least 31 days after the incident, then it would appear not.

Is that accurate?

Yes, it looks like by mail and after 31 days then it is not an offense.

quote:

Originally posted by egregore:

quote:

You need a lawyer.

Agreed. I had a hard time following this.

My question is, does a 19-year-old, probably minimally insured (at least you have that going for you) and herself injured, have anything to sue for? Maybe there's just no money there.

Perhaps the judge might order that she become his butler?

quote:

Also, see if you can search for any life insurance she may have had. Sometimes older people will be talked into smallish policies to cover final expenses, so perhaps $10k-20k. Perhaps as part of her car or other insurances, or perhaps a standalone policy. My sister was sold such a policy by some cretin sneaking around her assisted living facility, but in her case it will be in our favor. I discovered it by going through her banking records and found the monthly auto-pay.

Best of luck.

Condolences to the OP.

I sell these life insurance policies. Believe you me, when you collect on one after having paid out of pocket for a funeral because you had no idea you were the beneficiary of such a policy, you won't think we're cretins. No fewer than FIVE time this year I have tracked down beneficiaries who did not know their loved ones had final expense insurance. Some of them were bankrupted by the funeral expenses and then overcome with emotion when I found them, sometimes by a door knock, and told them they had $12k coming as soon as they filed a claim. Insurance companies don't do this, as they don't know when someone dies unless a claim is filed. When the premium payments start to bounce due to the bank account being closed or NSF, the policy lapses. If the writing agent is still in the business and gets an alert about this, an astute one (like myself), will start tracking down family members. Also, while accidental insurance insurance is a total ripoff, if the OP's mother had one or an ADD rider on a real life policy, this should pay too. If the OP is in doubt, the last three months of bank statements will tell all.

quote:

Originally posted by Mars_Attacks:
Is the girl not charged with a traffic death?

I was wondering this, too. Where are the criminal charges?

quote:

Originally posted by Rick Lee:

I sell these life insurance policies. Believe you me, when you collect on one after having paid out of pocket for a funeral because you had no idea you were the beneficiary of such a policy, you won't think we're cretins.

Rick, I was not trying to imply all life insurance salesmen are cretins. My appolgies if it came across 5hat way.

In my sister's case, she was very easily talked into anything, and for the last 50+ years it has been one scumbag after another that has taken advantage of her. This salesman was not authorized by the facility to be there, and when they alerted me to finding him in her room they removed him from the facility with my approval. He apparently got back in at some point and got enough information to auto-pay from her bank account.

Anyone talking to her for more than 30 seconds about anything other than what she wanted for lunch would know she was an easy mark. I won't post more publicly because the policy has yet to pay out.

My wife was rear ended in June . Car was totaled . She had injuries that she is still dealing with . We retained an Attorney . He did an Insurance query and determined the limits of the other guys policy. The guy was driving a commercial vehicle but it appears he was unlicensed and possibly an illegal. Their Insurance told our Attorney that they will assume responsibility for the accident . Good for us, but it's not like they had any choice .

Truly sorry to hear about your mom, it’s a terrible situation for sure. Something that came to mind while reading this thread is that, if it were me, I’d download one of the phone conversation recorder apps for your smartphone and start recording *everything*. I can’t recommend a specific one, but I’ve used them before. Best of luck sir

Man I have been on SF since late 90s / Y2K time. I am always humbled and blessed by the wealth of knowledge and compassion here.

I am going to print this thread off to more accurately follow instructions and I will be co0ntacting one or two different attorneys.

thank y'all so much, seriously.