QuestionHello Jane,
I was in an auto accident in July of 2010. I was the passenger of my boyfriends vehicle. Another vehicle ran a stop sign and we hit them, they were at fault. I have scaring on my leg from a laceration, (its ugly) and settled out of court with the at fault driver's insurance for 12,500. The insurance adjuster told me that was all they could do because the kids of the other vehicles had worse injury and were going for all the money that was available. Now after some research I feel like I was taken advantage of and should have received a more substantial settlement. So my question is this, can I file a BI claim with my own insurance company? We are a no fault state!
thanks so much for your time,
Mary
Answer Hi Mary,
I am going to assume that you were aware of, or verified the policy limits at the time you settled. What bothers me is what criteria was used to establish that somehow your injuries were less severe than the other people.
You don't mention if you had an attorney to represent you. In situations such as this, you really should have.
With regard to BI, no, that only covers other people that you hurt if you are at fault in an accident. You are an innocent party here. The only coverage that could help you is UM/UIM Uninsured Motorist/Underinsured Motorist)coverage which covers a not at fault party when the first level of insurance (BI) either does not exist or is inadequate.
Also, did you receive PIP or Med Pay benefits for you injuries? These would pay your actual medical expenses, up to the limit of the policy.
Most importantly, you must determine if you have UM/UIM available to you, either through your policy or through your boyfriend's. If so, you could be entitled to further settlement if you can establish that the settlement you received was inadequate for your loss, pain, and suffering.
Hope this helps. I wish you well.
