Auto Insurance Claims: auto accident, lump sum settlement, minimum insurance


Question
I was driving in Kansas,The line of traffic was slowing down,  their were 4 cars involved, The lady in the back didn't see everyone slowing down and crashed into the car behind me which made the car behind me crash into me, which made me crash into the car ahead of me. The lady who started the accident only has the minimum insurance , according to her insurance,Geico, which is 10,000.00 , I'm told. The insurance company is telling me that the 10,000.00 is probably going to be divided by all 4 cars,,and they also stated they have not accepted responsibility yet,,,I also had a sprained neck and went to the doctor, and the Insurance company is telling me my insurance has to pay the first 2000.00 of any claim for that?  What should the insurance company offer and what is correct,,,,,My insurance had lapsed a week earlier.It is now back in effect, but wasn't at the time.

Answer
Hi Sherry,

This is a big problem. Since you had no insurance at the time of the accident you will have to pay to have your car repaired your self. Then you will send the paid repair bill to the other persons insurance company. They will then pro-rate what they will pay you. That means that they will pay each person a portion of the $10,000 of coverage according to the amount that their damages represents to the total of the damages. In other words if your damage represents 25% of the amount of all of the damage to all of the cars involved, then they will only pay you 25% of the cost to repair your car.

As far as your injuries go, you will have to pay for all of your medical bills and then submit those bills to the insurance company. They will then negotiate a one time lump sum settlement with you after all of your treatment is completed. If there were others injured in the accident you may have the same pro-rated situation as with the car damage.

I hope this helps
Richard Hixenbaugh