Pothitakis Law Firm investigated and determined that the household in which M.M. was living had auto insurance that provided underinsured motorist coverage up to an additional $100,000. Based upon M.M. being a resident of the household, he was considered an insured under the policy and able to obtain underinsured motorist benefits if he could prove that he had sustained injuries as a result of an automobile incident and his damages were in excess of any liability coverage of the driver.
Pothitakis Law Firm again compiled all of the information concerning the accident as well as the medical records and provided those to the underinsured motorist insurance company and demanded the payment of the $100,000 in underinsured motorist coverage. Both the liability insurance carrier and the underinsured motorist carrier agreed to pay their policy limits of $100,000 each resulting in $200,000 being available for damages of M.M.
The next hurdle that had to be addressed was the fact that M.M.’s medical insurance had paid his medical expenses which had totaled over $200,000. The medical insurance wanted to be paid back in full as required under the health insurance policy. Pothitakis Law Firm commenced negotiations with the health insurance carrier detailing how the $200,000 recovery would not provide sufficient funds to pay for all the damages incurred by M.M. Pothitakis Law Firm took the legal position that M.M. was only receiving a small portion of his true damages. Given the extent of his injuries, because there was not enough insurance available. Pothitakis Law Firm demanded that the health insurance take a similar discount.
Ultimately, the insurance carrier agreed to accept less than $10,000 as repayment for the bills they had paid. They agreed to accept approximately 8% of the amount they had paid. This resulted in M.M. receiving most of the $200,000 after payment of fees and costs. This was a significant success given the complexities that were involved.
Although M.M. sustained significant damages that were in excess of the insurance, Pothitakis Law Firm was able to obtain a result that provided the majority of the funds that were available to the client.