QuestionThank You for your answer. Here are the Details.
1. The Driver of the Car that hit us was not the owner of that car, but the car was insured. They have accepted liability for the property damage, so I assume they will accept liability for the medical. The problem is there were 5 people injured and the Policy maxes out at 50,000.
2. The Driver in the Car I was passenger in has no UM or UIM. I do have UIM up to 10,000. I also have UM for $25000. Would only my Uninsured Motorist cover me?
3. My Injuries were Cervical Strain, my kidney was bleeding I guess (microscopic), and My Lower Back was injured. My medical bills for the Emergency room were $7,500 so far. For Two CT scans, ultrasound etc.. I am seeing a D.O. and going to Physical therapy. My injuries seem to be healing well and feel about 80-90% better.
4. Would my UIM or UM be in effect? Considering that the liable car was Underinsured, and the Driver of the car I was in was Uninsured.
I think my medical bills are above 10K now. I am worried that there will not be enough insurance to even cover my medical bills and missed work. At the max I would be able to recover $3000 for PIP $25000 from the other cars insurance and $10,000 from my Underinsured policy. where there were a total of five people injured in the accident that would leave me $10,000 (I guess) from the medical liability. I am pretty sure almost everyone was over $3000. So If I end up with $20,000 minus attorney it is going to be close. Two passengers in the fleeing car were injured. Do they get covered equally? If so that is kinda screwy.
Thanks,
Justin
AnswerHello again, Justin,
The allocation of coverage for the tortfeasor’s coverage will be divided in accordance with the seriousness of injuries, with the maximum of $25,000 to any one person. The passengers can also sue for the driver’s negligence, UNLESS THEY CONSENTED TO PARTICIPATE, in which case their claims will be denied on the theory of ASSUMPTION OF THE RISK.
If your claim value is truly high, do not forget the potential liability of the police for engaging in activity that is highly risky, and the reward (catching some minor criminal, for example) is not worth the known risk to the general public.
You need to make claims under BOTH your UM and your UIM. And keep the adjusters apprised of the settlement of the third party tortfeasor’s (party at fault) allocation of policy limits among the injured parties.
In other words, if you were to agree to a LOW VALUE settlement on the $50K just because you feel you have your UIM and UM to cover you, the adjusters for your own company may have reason to complain that the UIM threshold was not reached. Thus, you may want to petition to open a claim with your own company so they can receive notice of the settlement with the tortfeasor. Also, notice that this is a requirement per the policy limits page I sent to you last time: Liability Insurance Policy Limits Settlements in Personal Injury Insurance Injury Claims http://www.settlementcentral.com/page0451.htm
Since the driver is uninsured, you get to your UM coverage. The UIM may have to be used first, but DO NOT LET THEM TRY TO DENY YOU YOUR UM.
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You have semi-serious injuries and I do not want to see you settle them too soon. Let some time go by when you can put your body under physical stress outdoors this Spring and early Summer. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Pay attention to your physical condition: what happens after an afternoon of yard work or the like? There may be a dull ache at night following some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
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Learn how to submit and settle your own personal injury insurance claims—DO IT YOURSELF SETTLEMENTS. Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages. Why should you pay someone one-third to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
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NARRATIVE REPORTS—THE SECRET INGREDIENT FOR SUCCESS!
Cryptic notes may be medically significant, but why make the insurance adjuster struggle to figure out the significance of the injuries? A narrative report or letter spells things out so the adjuster can see, read, and understand the doctor's diagnosis and prognosis and her record of the problems and pain and suffering you have endured.
Plus, narrative letters can tie together the trauma and its after-effects in a way that is authoritative.
We recommend that claimants almost always include some type of typewritten medical information to accompany to computer coded medical records and/or handwritten records. That is the first clue as to when to use the narrative report: if you are asking the adjuster to evaluate your claim on the basis of handwritten records and/or computer coded records that indicate diagnosis and treatment codes, then you need to supplement the record with a narrative report.
We have a lot of free legal tips on insurance claims settlements using doctor narrative reports http://www.settlementcentral.com/page8003.htm. You can get information there as to how to ask for a narrative letter and what it might cost. Talk to the doctor's office manager about it.
Make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through. For example, if you just ask for a narrative letter now, you best go in for another appointment first and document for the doctor all of those nagging signs of soft tissue injuries you are noticing following a full day of sitting at your computer or doing physical activities. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
