Personal injury Settlement...need advice??!!?
I was informed by the at fault party's insurance company they have the states minimum of 25,000(BI) stated on their policy but that is not the states maximum. Their PIP was 10,000 and that will only cover part of my medical bills. Can I go after the Maximum because the 25,000 will not cover everything that I lost due to the accident. If that happens will their insurance company then go after the policy holder to have them pay them back. I do have underinsured on my policy, but this is family and I don't want my insurance company to go after them. They are a young couple that does not have a lot of assets. 401k, 2 vehicles they are paying on and some other small assets. Do I just have to eat it and pay for something that was not my fault. Out of work for over a month. Permanent injuries and multiple facial and bodily scars and other out-of-pocket expenses. I don't want to get rich, I just want everything paid off. I don't think I am entitled to pay a dime since I was not at fault. I don't think my life and finance be put on hold because of this, but at the same time I don't want to lose the relationship I have with my brother and his wife. The accident happened in WA.This is to MSAD. Thanks for the very informative answer. I figure that I was not entitled to over their policy amount. I have 50,000 for my underinsured so that leaves me with the option of collecting another 25,000...since their limit was 25,000. But my question is if my insurance company pays me that amount (which will cover the remaining medical bills...I was ejected out the windshield...and I was wearing my seat belt...flew over 50 feet in gravel...so my injuries were very extensive) will my company turn around and sue my brother to get the money back that they paid to me? That is not an option for me if that is the case. I would rather eat it on the bills then to lose my brother. He is already paying deeply for this accident.
Answer by Alex
Insurance won't pay out over the limit, once the limit is hit they stop paying. For example, if you sue someone for $ 100,000 and win and they only have $ 10,000 limits. The insurance pays out $ 10,000 only, the person they insure is then responsible for $ 90,000. So sounds like either your out of pocket or your brother is out of pocket. Although I'm not a PIP adjuster, and PIP states may have different rules. Although I'm pretty confident on them not paying over the limits, however I'm unsure that if its a PIP state you may not be able to go after them, unless its a certain type of injury.
Answer by calipink22
No, you cannot go after the maximum. For instance in Arizona, state minimum is $ 15,000 per person, $ 30,000 per accident and $ 10,000 for property damage. We have liability limits as high as ONE MILLION dollars. I'm sure it's around the same amount in your state. No insurance company is going to award you a million dollars for your claim. If the other party only carries $ 25,000 then that's the limit the insurance company will pay, period. There's no other way around that. You can sue the other party for the difference. You can file the claim under your under-insured motorist. Your insurance company will not go after the other party. They are required to maintain state minimum liability limits and that's exactly what they did. You have two options, either sue and argue for a settlement in court or file the claim through your own insurance for under-insured motorist.
Answer by MSAD
There is no such thing as a minimum and a maximum on an auto policy.
The states minimum limit is a requirement by the state that says each driver in the state must have at least this amount of insurance.
The bodily injury liability limit reads as a fraction. Here's how the fraction reads: 25/50. The first 25 (25,000) means that the most they can pay to any one person - regardless of the severity of the injury - is 25,000. The 50,000 is the most they can pay for all injuries in the accident.
That means - if their driver causes an accident and wipes out a bus full of nuns - killing all of them - the most that the estate for any one nun can get is 25,000. The most that can be paid for all the claims -- for all the nuns-- is a total of 50,000. Obviously, this is an extreme example, but you get the point.
If the at fault party has a policy limit of 25,000-- that is the maximum amount the insurance company can pay. This amount is based on the amount of insurance their customer purchased. Higher limits are available - but if their customer only purchased 25/50 limits - then 25K is the max payable under the policy.
Now, in if you have an auto policy of your own - and you have a Under-Insured Motorist coverage on your policy - you may be able to file a claim against that to pick up where the at fault parties insurance ran out. The purpose of Under-Insured Motorist coverage is to kick in when you are injured and your claim exceeds the limits of the at fault parties liability coverage.
You should go sit down with your insurance agent. They can help you determine if you have Under-Insured Motorist coverage and if so, help you file the claim.
** this is general information. I do not have first hand knowledge of WA law. Not legal advice.
Answer by 2Westies
The only way you can go over the maximum insurance coverage is to file a law suit against the couple who caused the injury. This is something you have to decide. You want to be made whole but don't want to sue the couple who caused the injuries. It's entirely you decision.
What do you think? Answer below!
Personal Injury: Should I Sue Or Not?
Article by Keith Stachowiak
Being a victim of a wrongfully inflicted injury or "tort", you naturally expect to be compensated for the inconvenience and pain inflicted upon you. Usually, the wrongdoer is expected to pay for damages that resulted from your injury, including: medical expenses, wages that you could've earned had the injury not happened, property damage, and your pain and suffering. Punitive damages can also be awarded if a person acted maliciously toward you or in an intentional disregard of your rights. This is to reinforce to the guilty party the seriousness of their actions, and serves as a warning for any future transgressions.
However, the fact that you're the victim does not necessarily mean that you should sue for damages. Nobody is discounting the fact that you were injured or inconvenienced, but the decision to file a lawsuit is something you need to seriously think about.
Should I Sue?
It is important to note that there are multiple factors to consider when deciding whether or not to sue. Things like the level of fault of the wrongdoer, the severity of your injury, and your own liability to what happened all have to be taken into account.
And another extremely important point to consider is the ability of the wrongdoer to pay for the damages. This is where insurance plays a huge part. If the guilty party is of limited means and does not have insurance for damages resulting from negligence, a lawsuit might just prove to be fruitless.
Also, be aware that insurance typically does not cover intentional torts and therefore might not be worth pursuing. However, some intentional-looking damages are sometimes actually a cause of negligence. For instance, you may be the victim of a practical joke that misfires and injures you. Although the practical joke was intentional, the injury was not, so, your injury can still be covered by liability insurance, assuming the other party has some.
Get Professional Personal Injury Advice
If you are unsure whether a lawsuit is what's best for you and your situation, you should consult a professional. Find a good personal injury lawyer to look over the details of your potential case.
Start by looking for personal injury lawyers in references such as Martindale Hubbell Bar of Preeminent Lawyers or The Best Lawyers in America. Unlike the Yellow Pages, attorneys cannot just pay to get listed in these publications. These lists are compiled by surveying judges and other lawyers to get their professional opinions on the abilities of their colleagues. Those that get included in the lists have the reputation for effective representation that works to clients' advantage in settling cases fairly and quickly.
Research is always what counts when in a serious situation like being a victim of tort. Knowing whether you should sue and where to research and locate a reputable personal injury lawyer are just two important things to consider.
About the Author
Keith Stachowiak is a Milwaukee personal injury lawyer with Murphy & Prachthauser. He is listed in Martindale Hubbell Bar of Preeminent Lawyers and for over 25 years, has represented clients on personal injury cases caused by all types of negligent conduct. He can be reached at (888) 271-1022 or via: http://www.murphyprachthauser.com/
Orignal From: Personal injury Settlement...need advice??!!?
Post a Comment