QuestionMy son was hit by a car in February of this year. He was crossing at a crosswalk, and was struck from behind. The other driver was at fault. His insurance has paid $10,000 which barely covered the hospital. They state that this is the limit of the PIP coverage. They state that additional bills need to be sent to our health insurance, which means our expense, as we have to pay a percentage. We don't know how to get the remainder of the bills paid by the responsible party...will we have to file a suit against him?
AnswerHi Margaret,
First thing, open your PIP claim with your own insurance. Assuming your son is a member of your household, he is covered under your auto insurance and since he was a pedestrian he gets to tap into your PIP coverage.
As for the other party, the adjuster is out of her mind if she thinks for a second that the parents of a kid hit by a negligent driver are going to walk away with only part of the medicals paid.
$10K in medicals means a pretty serious injury, which means a big pain and suffering and loss of enjoyment of life award. This is the part of the claim that we call the general damages.
Besides, what does that adjuster think about settling a minor claim with judicial approval? Does she think an independent attorney and a judge can be fooled the way she is trying to fool the parents?
Minor personal injury claims: insurance settlement under age 18 http://www.settlementcentral.com/page8017.htm
Dr. Settlement guides to personal injury insurance claims settlement http://www.settlementcentral.com/page0014.htm
I think that you DO NOT COMMUNICATE IN WRITING with that adjuster. Just send her a written letter telling her to continue paying medical expenses under the liability part of the policy or else she is risking involving her insured in a lawsuit.
Best wishes and healing light for your son,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
