QuestionI was in a auto accident that was the fault of the other person. I was injured and have mounting medical bills. Once my insurance company reaches the PIP limit of $10,000 can I sue the other drivers insurance company for the additional medical bills on that persons Bodily injury liability coverage? Also, can I send a letter to the other persons insurance company to ask if/what "Bodily Injury Liability" dollar limits their client has on the policy? By law do they have to disclose this information about their client? Thank You.
AnswerHi Jim,
None of your questions can be answered unless one knows what state your accident jurisdiction is in. Some call Doctor Settlement a wizard, but I am NOT that smart! So I will respond to each of your questions as best I can, covering all possibilities.
#1. When can you claim versus the tortfeasor's insurance?
In most states, there is nothing to wait for in making a claim versus the tortfeasor. You can make the claim at any time up until the expiration of your state statute of limitations http://www.settlementcentral.com/page0452.htm You do not have to wait until the claim exceeds anything inasmuch as the PIP paid out will be included in the settlement.
For example, if PIP paid out the full $10K and you incurred another $1K from your health insurance and another $500 paid out of pocket, and you have $15K in general damages, then the settlement amount will be the total of all of those four, or $26,500. From that, your PIP and your health insurer will want subrogation of $11K, leaving you $15.5K in your pocket.
Some states have no-fault, in which you cannot sue until you have exceeded a threshold of seriousness. In some of those states, the threshold of seriousness is verbal and in others it is monetary. Here is what that means. In the verbal threshold states, your injuries have to be described as serious and/or debilitating and/or permanent before you can sue the tortfeasor. In the monetary threshold states, your medical expenses have to exceed a specified amount (e.g. $10,000) before you can sue.
How to find out? Call your state insurance commissioner http://www.settlementcentral.com/links.php
#2. NOT ASKED—but relevant—how to pay for medical expenses once PIP runs out.
The tortfeasor will almost never volunteer to pay for medicals once you have exceeded your PIP. Why? They want to put pressure on you to settle early.
Hence, try your medical insurance first, and then next try the tortfeasor, and finally, try to make an irrevocable lien with the doctors.
#3. How can you find out the policy limits?
Again, this is a question for your state insurance commissioner inasmuch as a very few states DO require the tortfeasor's insurer to disclose limits upon a written request. Most other states DO NOT require disclosure UNTIL part of discovery in a lawsuit. Each state then does require the tortfeasor to disclose the insurance policy upon written request (called interrogatories or requests for production). In our members' side at www.SettlementCentral.Com insurance policy limits requests are included, even if no lawsuit has been started. We give a set of interrogatories to send with a letter. Does it work? Only part of the time, since the claimant is sending it in advance of litigation and the insurer will ask the insured if they want to disclose limits, and the insured will frequently say NO.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
