The Shoulder
The Shoulder
57
Car accidentssilent-swift-307

Husband T-boned, $200k+ in bills, both policies maxed — are we just stuck with the rest?

I'm still kind of in shock writing this out. My husband was hit broadside at an intersection about four months ago — the other driver ran a red light going pretty fast and slammed into the driver's side. Our SUV got pushed into a guardrail. The other car was totaled, ours was totaled, and my husband ended up airlifted to a trauma center.

He had a shattered hip, internal bleeding, and nerve damage in his left leg. We're talking two major surgeries, a 10-day hospital stay, and he's still doing outpatient PT twice a week. The bills are absolutely staggering — we're well north of $200k and more are still coming in.

Here's the nightmare part: the at-fault driver only had state minimum liability coverage. That maxed out embarrassingly fast. We have underinsured motorist coverage but it's also got a cap that doesn't come close to covering the gap. Our own health insurance has covered some of it but there's still an enormous amount just... sitting there.

A few questions I'm losing sleep over:

  • Is there any realistic scenario where the at-fault driver's insurer pays beyond their policy limit?
  • What happens to the portion our health insurance covered — do they come back and want that money if we settle?
  • If the at-fault driver owns a home or has a small business, is it actually worth pursuing them personally?
  • Does hiring a PI attorney change any of these calculations, or is it just rearranging deck chairs at this point?

I feel like we did everything right — we had coverage, he wore his seatbelt, the light was clearly documented by a traffic cam — and we're still potentially drowning. Anyone been through something like this?

12replies

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12 replies

  • 8
    hearty-seal-444

    We went through almost exactly this after my mom was hit by an underinsured driver two years ago. The short answer is yes — health insurance (and sometimes Medicare/Medicaid) can come back and assert what's called a 'subrogation lien,' meaning they want to be reimbursed out of any settlement. It was a huge surprise to us. An attorney helped us negotiate those liens down significantly, which actually put more money in her pocket even after legal fees. Definitely don't assume what the bills say is the final number you owe.

  • 22
    calm-hare-260

    Not legal advice, but a few things worth knowing: insurers almost never voluntarily exceed policy limits. However, if they mishandled a settlement opportunity — like refusing a reasonable demand within limits — there are bad faith arguments that can come into play. Also, whether suing the individual is worth it really depends on what assets they actually have. Judgment-proof people exist, but homeowners with equity are a different story. A PI attorney can run an asset check early. Many work on contingency so there's no upfront cost to at least have that conversation.

  • 7
    clear-finch-813

    Please, please do not talk to either insurance company without some kind of legal counsel first. They are not on your side — not even your own insurer when it comes to UIM claims. UIM claims are surprisingly adversarial. Your own insurance company will lowball you because they're the ones writing the check. I've seen people accept UIM settlements that sound big and then find out they signed away their right to pursue anything else.

  • 14
    bold-marten-849

    Former claims adjuster here. The 'bad faith' angle the attorney mentioned is real and adjusters know about it. If there's a documented traffic cam, clear liability, and catastrophic injuries, a competent plaintiff's attorney sending a proper policy limits demand letter creates genuine exposure for the at-fault carrier. They have a duty to their insured too — if they don't settle within limits and a verdict comes in higher, the insured can actually sue their own insurer. That leverage sometimes moves things. It's not magic, but it's not nothing either.

    • 10
      hopeful-driver801

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 12
    mellow-beaver-867

    I just want to acknowledge how much you're carrying right now. Managing a spouse's recovery from that level of trauma while also fighting insurance battles is genuinely exhausting. Please make sure someone is helping YOU too, not just him. Also — keep every single medical record, every PT note, every follow-up appointment summary. Ongoing and future medical needs (he may need more care for that nerve damage) can be factored into what you pursue. Don't let anyone close this out before the full picture of his recovery is clear.

    • 2
      kind-parent734

      Going through something similar right now. Did following up actually move the needle for you?

  • 19
    steady-wren-012

    On the subrogation question — yes, health insurers typically do have a right to reimbursement from a personal injury settlement. BUT there are often negotiation opportunities, especially if total recovery is limited. Some states also have laws that protect plaintiffs from being made 'less than whole' before lienholders get paid. It varies a lot by state. This is one of the more complicated parts of a serious injury case and honestly one of the biggest reasons having an attorney matters — they negotiate those liens as part of the job.

    • 8
      level-overpass531

      Exactly my experience. Persistence paid off in the end.

  • 9
    warm-owl-776

    Call a personal injury attorney this week. Not next month, this week. Statutes of limitations are real, evidence disappears, and witnesses' memories fade. Most PI attorneys do free consultations and work on contingency — you pay nothing unless they recover something. Even if the ceiling on recovery feels low given the bills, you need someone in your corner who does this every day. You're not equipped to fight two insurance companies and a potential personal lawsuit alone while your husband is still in PT.

  • 16
    clever-crow-058

    I don't have any expertise here but I just want to say I'm so sorry you're going through this. It's genuinely unfair that someone else's bad decision could put your whole family in financial jeopardy. I hope you find some answers and some relief soon. Rooting for you both.

  • 20
    warm-crane-381

    Quick question — when you say your UIM 'doesn't come close to covering the gap,' do you mean the UIM limit itself is low, or is it being reduced by what the at-fault carrier already paid? Because some UIM policies are 'offset' policies where your UIM limit is reduced dollar-for-dollar by the at-fault payment. Others are 'excess' policies. Those are very different outcomes and worth clarifying with your insurer in writing.