A Client’s Story

insurance-formsTwenty five year old “Frank” (not his real name) was a client of ours whose case just settled. In October of 2015, Frank was riding his motorcycle when a car pulled from a stop sign on a side street directly in front of him.  Frank had no choice but to hit the car.  The driver of the car said she couldn’t see Frank because the sun was in her eyes.

As a result of the impact, Frank sustained a fractured pelvis, fractured left arm, fractured jaw, fractured eye sockets, fractured teeth and two brain bleeds. Frank was transported to the hospital by ambulance where he spent time in the Intensive Care Ward and then time as an inpatient.

He then required six months of medical treatment to get back on his feet, and lost several months of work. He will have permanent pain and suffering as a result of his severe injuries.  He sometimes walks with a limp and still gets headaches.

Frank’s bills were over $300,000.   He had no health insurance to pay the bills, having just started his job.  Additionally, the “at fault driver” only had a $100,000 policy of insurance, and no assets that could be reached to satisfy any judgment that we could get on Frank’s behalf.   If there would have been a $1,000,000 policy involved we could have justified forcing the insurance company to pay us that on Frank’s behalf for his severe and permanent injuries.   Frank only had a $25,000 policy so we couldn’t look to his policy under the terms of his Underinsured Motorist Protection.

A word about Underinsured Motorist Coverage. If you are injured by someone whose insurance policy is too small to fully compensate you for the injuries sustained by their negligence, you can look to your own car insurance policy to make up the difference.  But, you must have policy limits bigger than the underinsured driver.  So looking ahead, always get the highest car insurance policy limits you can afford to cover yourself in case this happens to you.  In Frank’s case, he didn’t.   That creates a dilemma.

At MacCloskey Kesler & Associates, we have seen this sad scenario many times, and we are well aware of ways to negotiate bills and liens in some cases and force medical providers to take lower amounts than the face value of the bill in others. This can save tens of thousands of dollars or more.

In Frank’s case, we were able to get him set up with Medicaid, and force the medical providers who would not accept Medicaid to take pennies on the dollar. The net result?   Even after paying us a one third contingent fee and repaying Medicaid and the medical providers, Frank walked away with over $44,000.

Consider that. He had over $300,000 in medical bills, and we were able to pay ALL THOSE BILLS IN FULL, pay our fee, and Frank walked away with over $44,000 in net compensation (which is not income to him, by the way), when there was only $100,000 that we were able to recover.

That’s what experienced lawyers like MacCloskey Kesler & Associates can do for you.   So if you’ve been injured in a motorcycle, car or truck accident, call us at 815-965-2000 today for a free consultation.   Put our passion, knowledge and experience to work for you.