QuestionQUESTION: If a loss is less than my deductible but the fault is on the other driver side, can I request my own insurance to be involved in or I have to deal with the adverse insurance by myself? More generally, if I want my own insurance to handle none fault automobile accident on behalf of me, what least coverage should I buy, the uninsured motorist, medical payments, collision and comprehension?
ANSWER: Hi Ray,
We, as americans, have a tendancy to elect attorneys as our state representatives and state senators. They in turn, have a tendancy to enact laws that benefit their brothers and sisters in the Bar association as well as their own offices back in their home districts. Since the 1950's, it's been against the law for an insurance company or an insurance professional like myself to offer you free assistance or free legal advice and they continue 'tweaking' the laws to be more in favor of attorneys.
At present, it is the law in every state that if your insurance company has no obligation to make a payment to you, then they have no legal interest in the claim.
This is why your insurance company can't be of help on your existing claim. Your damage is less than your deductible, therefore, they have no legal obligation to make a payment to you and by law, no legal interest in the claim.
As long as you carry Bodily Injury Liability, Property Damage liability, Medical Payment, Uninsured Motorists, Underinsured Motorist, Uninsured motorist Property Damage, Comprehensive and Collision, your insurance company will be able to assist you in cases where they are legally liable to make a payment on your behalf.
Even then. if you are injured, they can give you no advise on how to pursue your claim. If you come to me with a request for help on an injury claim, I have to use such words as "based on my past observations" or "my client with a similar injury did this...".
I have had 3 attorneys try to get me kicked off this board for providing such help. I only do so now on a PRIVATE basis so they can't read my answers.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
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QUESTION: Thank you for your answer. We, including other posts, are talking about the auto insurance rather than the legal advice. I asked you this question because I read other posts that even if the fault is 100% on the other driver side, a no fault driver should claim with his own insurance. Then, his own insurance will get back money including the deductible from the adverse insurance. That is why I asked the question what least coverage a policyholder should have so that he can claim with his own insurance when the accident happens. Apparently, if one has only liability coverage, it is impossible for him to get help from his own insurance but he has to deal with the adverse insurance by himself. Don’t you agree? It has nothing to do with the attorney or legal advice but a claim procedure only. I do not know why attorneys try to get you kicked off this board for providing such help in auto insurance knowledge. You should get them kicked off if they do not provide help to the accident victims but try to make more money.
ANSWER: Hi Ray,
Yes, you understand correctly. Your insurance company can only assist you in recovering from the at fault party's insurance company if you carry collision and the damage exceeds your deductible.
Even if you don't carry collision, any accident should be reported to your insurance company because most states require that your insurance company file proof that you were insured at the time of the accident.
I hope this information is of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
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QUESTION: Thank you for your answer. May I ask you a follow up question? Can one only buy the medical payments as well as the liability coverage but without the comprehensive and collision? If so, can the medical payments pay the personal injuries due to the automobile accident? I think if it is doable, the policyholder may claim with his own insurance even without comprehensive and collision coverage.
AnswerHi Ray,
A policy such as you mention would cover your medical bills up to your policy limits, but not pay you for "pain & suffering". You always have to claim against the at fault party for compensation for your pain and suffering, lost wages, permenant disability, etc.
If you also purchase uninsured motorist and underinsured motorists, you can collect injury settlement from your own company if the other party was at fault and had no insurance or was underinsured.
Sincerely,
Bennie
