Auto Insurance Claims: settlement amount, fault insurance, claimants

Question
QUESTION: I was involved in a multi car wreck, three people total were injured. The policy limit for the at fault driver is only 50,000 my bills total 30,000. In my settlement letter I asked for more than the policy limit due to the fact that I think it will be divided prorata as they did for the property and also because I have UIM on my insurance policy. A friend told me I should just ask  for policy limits instead of a dollar amount.  Is it better to just ask for policy limits instead of a dollar amount?

ANSWER: Hi Shelly,

In order to ask for the policy limit you must still justify that your claimis worth at least that much. It is best to ask for a total dollar amount and then state that in light of the amoiunt of your claim, you are asking for the policy limits.

However, you should notify your insurance company of your intent to piursue a UIM claim. Ask them for proper procedures so you do not do anything with the liability carrier that would jeopardize your UIM claim, like signing a release form to get the policy limits. You may also want to consult with an attorney.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Hi Richard,

First of all let me start with thanking you for all of your help.

I submitted my claim the the at fault insurance company, they contacted me to let me know that the value of my claim exceeded their global limits 30/60 and said that I would have to get with the two other claimants attorney to determine how to divide the funds.  I'm not sure how to handle this with the attorneys .  I did get in contact with one which told me I needed to send them my medical bills and records. Do you know if that is the proper procedure ?  They also in formed me that their clients medical bills were about 17,000 and the other claimants bills were about 5,000, at that time I let them know mine was over 30,000.

Also am I aloud to contact the other claimants personal ? Any advice on this would be very appreciated.

Thanks,

Answer
Hi Shelly,

You should not contact the other claimants since they are represented by attornies. Since there are multiple claims it is usually the claims adjuster that will determine and negotiate a prorated settlement. You must remember that the attornies represent their clients not you. They will seek to give you less so their clients get more which results in a higher fee for the attorney.

Since this calim is getting so complicated I think you should seek an attorney of your own. That is the only way to be sure your rights are protected. Everyone else in this process will be working against you. You need your own representation.

I hope this helps
Richard Hixenbaugh