Visitor Question

Rear Ended by Driver Who Fell Asleep at the Wheel…

Submitted By: Randy (New Hampshire)

I got rear-ended by a driver who fell asleep at the wheel. I received injuries to my neck which required a cortisone shot. I ended up with two bulged discs in my back which is causing pressure on my nerves resulting in pain down my leg.

I’ve exhausted all of my med-pay coverage of $33,000, but now my doctor is recommending back surgery. I do have a lawyer who wants me to settle for what he says is the max I can get – $50,000. I’m just concerned that he is rushing to settle even when I haven’t been medically fixed yet. And I’m going to be responsible for the future costs if I do need more surgery. The accident occurred in NH and I am a Massachusetts resident.

So I guess my question is, Is the insurance company only responsible to pay the amount that the driver is covered for, as far as medical payments and the coverage amounts go, or are they responsible for paying my medical bills regardless of the amounts until I am fixed? Thank You.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Randy,

Our policy at Internet-Settlement-Guide.Com is not to interfere with the attorney-client privilege. To do so would be legally inappropriate.

Contact your attorney. Make an appointment to go into her office. When you are there ask her the reasons why she wants you to settle at this time, and for the amount of $50,000 dollars.

You have another option. If after you meet with your attorney you are still not satisfied with her answers, you can seek a second opinion.

In that regard, and if you decide to do so, contact one or more personal injury attorneys. After speaking with them you may want to consider dismissing your present attorney and hire a new one.

You may find it difficult to get another attorney to take the case. That’s because if he does he will have to pay your original attorney her fee at the time of the settlement or court award. That will substantially lessen the new attorney’s fees.

Best of Luck,

Law Guy

Learn more here: Falling Asleep While Driving Accidents

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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