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2sexy | Bodily Injury? |
I was involved in an auto-accident in 2005 I was 12 weeks pregnant. The accident was not determined to be my fault at all. The woman failed to stop, her insurance USAA paid off my vechile at $14,000. I sustained a right knee injury requiring 2 arthroscopy's and one major surgery (cartilage replacement) total medical bills insofar $144,182.25. My ortho says there is nothing else that can be done. My fear is her liability insurance might not cover my total medical expenses, the adjuster told me I might have to put a claim agaisnt her policy but did not elaborate further when I asked what he meant. (thought thats what I was doing) She was 96 at the time of accident, what if she passes away then what do I do?
Additional Details
medical bills may seem high-however that includes hospital fees from 3 surgeries-anethesia from 3 surgeries-surgeons fee from 3 surgeries- and $50,000 just from carilage cell regrowth alone |
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Faye H
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The maximum you can get from her insurance is whatever limits of liability she had. If she had $50,000, then that is all you will be able to collect from her insurance. You don't know at this point just what her limit was but since her insurance knows how high your bills are, she presumably has more than the amount of your bills. I think what the adjuster was referring to was putting a claim against your own policy as you are getting close t the limit of what her policy is going to pay. Which means she probably had $150,000 limit.
I'm assuming you had insurance on your vehicle. You need to notify them that there may possibly be an underinsured motorists claim.
If she dies, your only option will be to sue her estate. If her insurance policy limit was $150,000. That is all you will get from them. You can sue her personally for the rest or you can sue her estate if she dies.
I'm also assuming that her insurance has been paying your medical bills all along, which is why the adjuster is telling you that you are probably going to have to make a claim on your own insurance. Once they've reached the limit of their policy, they won't pay any more of your medical or pain and suffering or permanent disability. |
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MTR
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First, just ask what her policy limits are. In the state where I work, we have to tell you if you ask.
There are no fault laws in some states that pay your medical bills, but I don't know all the states.
Present the claim now. Sounds like there is no reason to keep it open, if you have reached the best you are going to get. However, most states have a 2 year statute of limitation (some less). That means you have to get this matter moving toward settlement now. If you don't settle your claim beore the statute expires, then you get nothing (zero/ziltch)...So, ask the adjuster what the statute of limitations is for the state where it happened. If it's getting close, give the adjuster copies of the medical bills, and see what he is willing to offer you. If she's only got $100,000 in limits, that is all you will get whether you have an attorney or not. If you have an attorney he of course gets a % of your money.
See if you can settle it right now for her limits if you can. If you are within a few months of the statute expiring, perhaps it's best you retain an attorney |
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fighting saints
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If you haven't already done so you need to do these things ASAP.
1. Call the other company ask for them to confirm the other drivers liability coverage amount. Ask what info they need from you in order for them to make a settlement offer. Request a written response.
2. In the same phone call ask if the other driver had an umbrella policy. Again request the response in writing.
3. Find out what the Statute of Limitations is for your state. This is the date that you either have to have the claim settled by or if not settled you must file a lawsuit by that date or the claim is gone.
4. If you have health insurance see if they will cover any of your bills.
5. Skip getting a lawyer if you have more than 1 year before the Statute of Limitations is up. They will take a third of any payment and that may not leave you with enough $ to pay your bills.
6. Once you get a written response from the other company send them a letter demanding their policy limits. Even if the limit is 1 Million, ask for it. You might want to send the letter certified.
7. If you had your own auto insurance check with them to see if you have Underinsured Motorist Bodily Injury (UMBI) coverage. If you do send a written letter to them announcing your intention to present a UIMBI claim.
USAA is a tough but fair company. They will not screw you over if the injury is auto accident related.
Good Luck |
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Sal
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You first recourse is against the other driver's insurance policy. If her coverage is not sufficient, you should then make a claim against your uninsured/underinsured provisions of your own policy if you have such coverage.
You can file a lawsuit against the driver - the statute of limitations might be close to running out depending on where you live. If she dies the case will proceed against her estate.
If she has assets, she can let a judgment be entered against her on your claim and then go bankrupt.
Hire a personal injury lawyer before it's too late. |
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bundysmom
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The maximum you MAY get from the insurance company is whatever the policy limits are. The maximum a JURY may give you is another issue all together, but the max the insurance will pay is the policy.
Doesn't matter if she's 96 or 106...the claim is still valid if and when she dies. |
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jim06744
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Do you have an agent? Talk to them. If it was her fault, her insurance responsible regardless of whether she still alive or not. Things depend on what state you live in and no fault laws and stuff like that. If your agent can't help you and you get runaround with others, call USAA home office (I think it is in Texas) and say you want to talk to an auto claims supervisor. Also, can call your own state insurance department and talk to whatever consumer affairs type people they have and ask them to look into situation for you.
I'm not expert in auto insurance but do have lot of experience in other insurance. Feel free to email with more specifics and perhaps can help u more. good luck.... |
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Monet
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little high for those injuries. Don't worry I have USAA and they have good lawyers |
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mbrcatz
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It doesn't matter if she kicks off, the company is on the hook for it. The policy was in force at the time of the accident - and you have the adjuster contact info from the property damage portion of the claim.
USAA is a great company. They'll be fair with you.
If her policy pays it's limits, she *might* have an umbrella liability policy. Once THOSE limits are exhausted, you will either have to sue her (or her estate) for damages, or file under your underinsured motorist coverage on YOUR policy. |
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