QuestionQUESTION: My car insurance has only bodily injury and property damage coverage. I got minor injuries and car total loss in an auto accident. The other car is at fault. I have not reported my own insurance about the accident because it may be unnecessary. I wonder whether I can ask my own insurance to represent me demand compensation from the other car insurance or my own insurance will not be involved in at all under such a circumstance?
ANSWER: Hello Ryan,
Sounds like you do not have Personal Injury Protection (PIP) or medical coverage, which would cover any of your injuries. Usually, if this is the case (you had this coverage), the insurance company will pay your medical expenses and then go after the person that hit you (or their insurance company) for the medical bills. You would have to go after them for pain and suffering and other expenses (sometimes loss wages, and others).
If you do no have these coverages, then you are paying for your medical expenses out of pocket and then going after the insurance company of the person that hit you. Your insurance company can instruct you on how to do that, but they cannot give you legal advice. They are not a law firm, meaning that they can hire an attorney to defend you. That is their agreement to defend you against you getting suit for something you did that is your fault. They did not agree to hire an attorney or to help you go after someone else because of their fault. They only do this if and only if they paid damages out of pocket (when you have the coverage). In other words, they are a defense and not an offense mechanism.
I am not sure if this is clear or no, but it sounds like you will probably have to defend yourself. You can do this by checking with an attorney and by checking http://www.auto-insurance-claim-advice.com for more information about how to defend your rights and how to proceed.
Good Luck,
Anne.
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QUESTION: Thank you for your answer. I do not have medical coverage but only bodily injury and property damage coverage. It seems I should handle it by myself to demand compensation. How do I ask my employer to write a wage loss statement, by listing the hours or what else? Can you provide or refer me to some example?
ANSWER: Hi Ryan,
I do not have an specific example yet. However, you have two options. You can call the insurance company of the person that hit you, and ask them for a Medical Authorization Form and a Loss Wage Form. These forms are pre maid and all you have to do is fill them out. You can take the loss wage form to your employer and have them fill it out.
These forms are not very complicated (most insurance companies anyway), and are easy to follow. If you have problems filling it out, the insurance adjuster must help you answer the questions.
I hope this helps.
Good Luck,
Anne.
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QUESTION: Thank you for your answer. Can you answer two more questions?
Subject: Is the at fault driver’s insurance obligated to pay compensation? Whom does the other car insurance claims rep. represent, the company or driver?
Because I have to handle it by myself, I need to know the answer. If the other car driver is deemed to be at fault, is his insurance company obligated to pay compensation or the other car insurance company has no obligation to do so but the at fault driver will be required by law to pay for damages? In addition, I want to know the other car insurance claims rep. represents the insurance company or wrongful driver during the negotiation?
AnswerHello Ryan,
The other insurance company only has a duty to their own client (the driver) The policy must cover him/her first. This means they will likely furnish a defense (hire a lawyer) to protect him/her if needed to be. They have not obligation to you (you do not have a contract with them).
They will defend and pay up to their policy limits only if the terms are agreeable to them (all employees of the insurance company are to defend their client). If the terms are not, then they will provide a defense and go to court to decide who owes what.
So, this is basically you against them. They have no duty to you or they do not owe you anything, they are simply defending or buying a claim (or lawsuit) against their client. You are encourage to contact with an attorney on how to handle this type of claim.
Good Luck.
Anne.
