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  1. #1
    BADGE BUNNY Monky's Avatar
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    VDW... I work for a firm. So I may be able to shed some light... hopefully, we didn't handle this and we can discuss that privately if need be. I'm not an attorney so this is not legal advice. I did just ask our WC atty your question however(WC is a strange strange thing), and without knowing limits and what not.. a lot can't be known. Ps - it's a trust account not a trust fund.. basically it's just a separate account from the firms working account to hold settlement funds till they are dispersed. No interest is earned. So the trust account is where the firm gets paid from as well.

    Basic run down:

    WC has a subrogation right to your settlement from your PI.
    Policy limits (I'm guessing they were state minimums? $25k)

    If WC lien was higher than policy limits then they likely took half of the PI settlement. Which in most cases WC has to give permission to settle for limits. Typically they would settle for 1/3, unless the lien is high.

    If you want to provide me with any numbers privately, I can probably get you a better answer.

    The 33.33% would come from the full settlement amount, not just what you recover from the settlement.

    You should seek advice from another attorney however, if you do not feel you were done right. There could possibly be other avenues to explore. Such as UM/UIM claims on your personal insurance. Not sure how that would work from being in a work vehicle though.
    Last edited by Monky; 09-02-2015 at 15:56.

  2. #2
    Gong Shooter
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    Clear as mud, right?

  3. #3
    Gong Shooter
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    A big thanks to Monky for talking to me about this and running it by his employer.

    An update: It appears after a few heated phone calls/conferences, my attorneys will adjust their take to equal the middle ground position. This is equal to how I think they should have advised me during the settlement conference with W/C. Not as good as I thought I was negotiating with W/C, but I think a fair middle ground. I still have not received the actual checks, so I'm keeping my options open until then.

    Thanks again to everyone for your prompt replies.

    For anyone who is going through this now, or maybe in the future, I hope this helps you out.

  4. #4
    Gong Shooter
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    Quote Originally Posted by Monky View Post
    There could possibly be other avenues to explore. Such as UM/UIM claims on your personal insurance. Not sure how that would work from being in a work vehicle though.
    For those of you in a similar situation, my understanding is Un-insured Motorist/Under Insured Motorist coverage on your personal insurance would cover you even in your work vehicle - talk to a lawyer. Again, I'm not a lawyer, but that is what my lawyer told me. So if you drive for a living, I would suggest getting as high a UM/UIM policy as you can afford. I wish I had!

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