A drunk driver hit my car while my neighbor and I were waiting on a tow truck for my neighbors car. I broke my arm in 4 places and dislocated my shoulder. My neighbor lost his leg below the knee. The driver had a 1.5million umbrella policy. My neighbor's lawyer sent a demand notice for the entire 1.5 million. My lawyer told my that that would cut me out completely. I know that his injuries are much more severe than mine, but I was out of work for 2 months and have medical bills over $50,000. Can my neighbor do this and can they settle without considerring my position? Also, I wouldn't have been there if my neighbor hadn't called me for help.
Answer
If you have an attorney then you should direct this question to him or her. The insurance will pay out whatever claims it pays and it is very likely for an amputation below the knee that the entire umbrella policy will be exhausted. Your attorney may have to look elsewhere, like your UM/UIM coverage, for payment of your claims.
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