Your bodily liability injury not just protects the party injured but also his passengers (if any) and the passengers in your car (if any). Besides this it also covers the legal costs of defending yourself in court if the other party decides to sue you after an accident.
Do you need bodily injury liability insurance?
Why would you need bodily injury insurance?
- About Bodily Injury Liability
- PIP vs Bodily Injury Liability
- Liability in hit and run case
- Liability for property damage
- Car accident release form
The defendant/trucking company hired an attorney. I had a deposition two months ago and a deposition with my primary doctor was scheduled in late July. Today, my lawyer told me that the defendant attorney made a bodily injury offer of $50,000 which will leave me about $15,000. My attorney called this offer a decent one. Considering the suffering that I have had and future treatment, plus $4,500 that I have paid out of pocket for the medical bills, I don't feel this is a fair offer.
Should I accept their bodily injury settlement offer? Have anyone come across such a bodily injury claim settlement before?
I appreciate your comments.
Posted: 04 Jul 2008 05:46 Post Subject:
Bodily injury claim settlement is always the most tricky part in any auto insurance claim process. Its difficult to ascertain an exact amount for the pain and sufferings.
However, you can ask your physician to anticipate the cost of the future medication and to add to the cost you have incurred so far. It'll give you a fair idea about the volume of the claim, though, to me their $50,000 bodily injury settlement sounds decent.
Posted: 04 Jul 2008 06:03 Post Subject:
No one can tell you if you should accept the bodily injury claim settlement offer. Especially people who have only read a short paragraph to encapsulate the entire 2 1/2 years.
I'm not understanding the math... but I guess those numbers are possible depending on the state where the accident happened.
Should you accept this is _entirely_ up to you. If you have a good attorney, he will be giving you good advise. Of course, he could just want a quick buck and to never step foot in a court room.
Posted: 04 Jul 2008 06:10 Post Subject:
Hi, please clear my confusion....the responsible party has offered you a compensation package of $50,000 for bodily injury settlement and you have incurred $45,000 worth of medical expenses, hence you're left with $5,000 only ($50,000-$45,000).
How you have arrived at the $15,000 figure? :?
Posted: 04 Jul 2008 06:20 Post Subject:
I thought about that also. Only thing that came to mind is if it's a PIP (no-fault) state that is non-recoverable. For example, Florida has $10k in PIP that cannot be subrogated. So the injured person's own PIP would pay $10k of $45k in meds, leaving $35k in meds left to pay. $50k bodily injury settlement offer would leave $15k. But of course this does not account for the difference in the OP's post and $10k in PIP is pretty high.
If the other party's bodily injury settlement offer is $50k, the attorney is going to take $16,500 off the top, leaving $33,500 for everything else. It's possible that the attorney might know that he can get the med bill reduced but the numbers still just don't add up.
Posted: 04 Jul 2008 06:22 Post Subject:
Hi, you can claim upto the bodily injury liability settlement limit of the other persons policy, if you haven't exceeded it yet.
Posted: 04 Jul 2008 12:02 Post Subject: More info
Thanks for your replies.
Here is info to clear up the confusion.
Total medical bills: $45,000
The bills paid by my medical insurance to providers: $28,000 at a discount rate. My attorney said he can get this reduced to around $12,000.
The bills from a provider not covered by my med insurance: $8,000.(will be reduced by my attorney)
Total paid from my out of pocket: $4,500
I got hit by a trailor-truck(18 wheeler). I am in Texas. I don't have a PIP.
Posted: 04 Jul 2008 01:56 Post Subject:
I did the math 6 ways to Sunday and it still can't get it to add up.
If your medical insurance company has already paid $28,000 to various providers, how can your attorney get the medical insurance company to reduce this to $12,000? They can't go back to the people they paid and ask for their money back.
$50,000 bodily injury settlement
-$12,000 medical bills
-$4,500 your out of pocket expenses
-$15,000 your portion of the settlement
$18,500 going to the attorney
Does this look correct?
If so... you underwent 2 1/2 years of medical treatment and for all of this you are getting $15,000. How many hours has your attorney put into this? For that he's making $18,500... much more then you?
BTW - the math is still not exact as 33% of $50,000 is $16,500 (what your attorney should make on a $50,000 settlement) but it's close.
What are the bodily injury liability limits of the other party? More then $50,000?
As mentioned, no one here can tell you what a good settlement would be. What I can tell you is that you need to determine if you believe your attorney in that it's a good settlement or if he just wants to walk away with $18,500 for a few hours worth of work. If he goes to court he will need to invest _many_ (MANY) more hours into your case. So unless the amount of the settlement was greatly increased, he'd actually make less money. Of course, if it's increase by $100 you still make more money. But there is also the possibility that the settlement could be far less if it went to court.
Posted: 04 Jul 2008 01:57 Post Subject:
One concern you might want to think about and I know atty said he can reduce it...But more than likely your health carrier will require repayment for what they have paid, be it 18k or 28k...it still is going back to them....
Also anticipated future treatments....What is the policy limit? If it's a truck line it's likely 1million...it may be a decent offer, but come on...NO BODY should accept the first bodily injury settlement offer... :roll:
Posted: 17 Jul 2008 03:55 Post Subject:
It's very important to remember that this suit in is Texas. Texas awards for pain and suffering are typically WAY lower than other jurisdictions. Even depending on where you are in Texas can make a big difference.
Re: meds: OP's health insurance Co paid out $28000 in beneifits to doctor's. They have a subrogation claim against OP for said amount. It is very common for the health insurer to agree to reduce thier subrogation claim in these case, although reducction of $28 to $12k by that lawyer would be more than normally expected. On $28k, I would normally expect a reduction to around $15 or $18k.
The other medicals not covered by insurance were most likley lawyer referred providers who treated OP under a letter of protection. The laywer can proabbly cut those numbers in 1/2.
In all, if the lawyer can actually get OP $15,000 in pocket. That may not be all that bad. With that being said, if this is thier first offer, I'd expect there's more money to be had.
Ultimately, there's so many facts and variables in each case, it's up to you and your lawyer to decide whether this is fair or not.
Posted: 13 Aug 2008 04:38 Post Subject:
The amount that they are attempting to pay to you is what we call a harassment payment. If the bodily injury settlement offer is an even number, they know that this could get much larger and that your attorney does not want to go to court. If you feel that your attorney is not doing a good job, get rid of him now!
Posted: 22 Jun 2009 11:37 Post Subject: shoulder and back injury and operation on both
I was hurt at work and had my right shoulder operated on in may 2009. I am going thru P/T now for 4 month on my shoulder injuries and after that I will have 2nd operation on my right should and shoulder blade. I will be out of work for over a year and almost retired. wll I have any other compensation because it was on the job.
thank you Patrick
Posted: 22 Jun 2009 11:41 Post Subject:
If the injury occurred while you are working and your employer has workers compensation, this might be your sole remedy (at least against your employer). You don't mention how it happened so it's unknown if any party would have liability.
Posted: 26 Jan 2010 07:25 Post Subject: In California - subrogation claim?
Can or will my medical Insurance Company file a subrogation claim personally against me in what they paid for my recovery treatments?
At-fault auto insurance co has offered that amount including my true out-of-pocket medical expenses combined, under medical reimbursement.
Out of pocket expense I know are mine to keep, but not sure about the legalities of other medical amount offered. I smell fish the way my offer is structured. I feel this has put payment back to my medical insurance as being my sole responsibly and not theirs.
Again this situation is in California.
Comments welcomed in helping me understand this.
Posted: 26 Jan 2010 11:33 Post Subject:
or will my medical Insurance Company file a subrogation claim personally against me in what they paid for my recovery treatments?probably..
At-fault auto insurance co has offered that amount including my true out-of-pocket medical expenses combined, under medical reimbursement.has your health carrier filed a lein? If not, they may just send you a subro notice, and this could be months down the road...be smart keep that money back..
I smell fish the way my offer is structured. I feel this has put payment back to my medical insurance as being my sole responsibly and not theirs.Well no, they owe it to you "unless" your health carrier has filed a lein against your settlement (which clearly they have not as yet)...this carrier has to pay someone...and since they've no lein they are not bound to pay the health carrier...nothing fishy at all..
Posted: 16 Feb 2010 06:33 Post Subject: life insurance company get back money
Can a life insurance company get back thier money after they paid and then find out of a pre-existing condition after a year of investigation.
Posted: 16 Feb 2010 09:13 Post Subject: CAR ACCIDENT
I SIGNED A BODILY INJURY RELEASE FOR $ 250.00. THE INSURANCE CLAIMS ADJUSTER IS JERKING ME AROUND BY SAYING HE HASN'T RECEIVED A COPY OF IT , LIE'S.
I FAXED IT AND MAILED IT 10 DIFFERENT TIMES. THE ACCIDENT HAPPENED IN AUG 2009 I STILL HAVE NOT RECEIVED THE 250.00 BODILY INJURY RELEASE CHECK WHAT IS THE DESIGNATED TIME FRAME FOR ISSUANCE, AND IS THEIR A STATUE OF LIMITATIONS?
Posted: 16 Feb 2010 09:50 Post Subject:
I FAXED IT AND MAILED IT 10 DIFFERENT TIMES. THE ACCIDENT HAPPENED IN AUG 2009 I STILL HAVE NOT RECEIVED THE 250.00 BODILY INJURY RELEASE CHECK WHAT IS THE DESIGNATED TIME FRAME FOR ISSUANCE, AND IS THEIR A STATUE OF LIMITATIONS?The statute of limitations is at least a year and could be 4 years or longer. It differs from state to state.
Why not simply mail it certified mail and nip this one in the bud. I'd think I'd have done this long before I sent the 10th copy.
Also, all caps is YELLING. Please don't yell.
Posted: 16 Feb 2010 11:20 Post Subject:
10 times? really? that's a little hard to believe..believe me the adjuster wants and needs this claim closed....where are you and where are you mailing to? I'd either drive it to them...if this is feasible ...if not do as Tcope said...call the adjuster advise that you are doing so...also contact your states DOI and ask them how long a carrier has to issue payment once a release is in their hands...you will have the cert. mail receipt to prove when they got it...tell the adjuster if you don't receive payment within that time, you will file a complaint with your states DOI. You may want to contact this adjusters supervisor first, and see if you can get it done that way first.
Posted: 09 Dec 2010 06:47 Post Subject: Bodily Injury Liability
My limits and/or deductibles in this category is $250,000/500,00 what does this mean? What if I am at fault and the person I hit is is air lifted and hospitalized for a couple of days and then comes out of the hospital okay?
Thanks for taking the time to answer this question.
Posted: 09 Dec 2010 07:03 Post Subject:
My limits and/or deductibles in this category is $250,000/500,00 what does this mean?
First, I assume we are discussing a personal auto policy, not a commercial liability policy. If that's true, $250,000/$500,000 is the insurance company's limit of liability for your negligence. It does NOT describe your deductible.
The $250,000 is the most your insurance company will pay to a third-party who suffers a loss due to your negligence. The $500,000 is the most the insurance company will pay to all persons you harm in the same event.
What if I am at fault and the person I hit is is air lifted and hospitalized for a couple of days and then comes out of the hospital okay?
If this is true, then your insurance company will pay up to $250,000 for the injuries, transportation, treatment, and hospitalization of that third-party individual. Air transport can cost up to $10,000 for a relatively local response. A couple of days in the hospital can cost another $20,000 - $30,000. Physical therapy or other post-hospitalization can add another few thousand dollars to the bill. As can lost wages or other direct expense.
These so-call special (or specific) damages are compensable 100%. In your case, $250,000 should easily cover those losses. It's the more "nebulous" pain-and-suffering claims (general damages) that are difficult to place a value on. They could exhaust the remainder of your $250,000 limit, and cause you to have to pay any amount awarded in excess of $250,000 (total).
Any discussion of DEDUCTIBLES in your insurance policies have to do with the portion of any collision or other-than-collision claim (your own losses) you are responsible for before the insurance company contributes its own money. It has nothing to do with third-party losses. Likewise, the $250/$500 has nothing to do with your personal injuries, but could apply to injuries caused to passengers in your vehicle.
Hope this helps!
Posted: 10 Dec 2010 09:23 Post Subject: Liability
I live in WI. I was in an accident. I knowingly drove my vehicle that has a freezing gas line. I was in my lane but I did not move to the side of the road. I was going 5 MPH in a 50 hoping to drive to my local store to get something to fix my problem. I told this the police after the accident. I was hit from behind. The guys car was totaled. Now what? Am I negligent in anyway because I knowingly drove a vehicle whose ability was compromised?
Posted: 10 Dec 2010 07:02 Post Subject:
Am I negligent in anyway because I knowingly drove a vehicle whose ability was compromised?Probably. Be driving so slow on a road that allows for a much higher rate of speed you were creating a dangerous situation. Also, it's not like that situation came to be while you were already on the road... you knew of your vehicle's condition and still choice to create that danger.
Are you 100% at fault. No way. But I see the other carrier putting some liability against you. In some states this will reduce the amount you can collect. In some it would bar recovery. It appears in WI if you are 51% at fault in the loss you cannot recover anything from the other party. for your situation, it all depends on the adjuster. Some might say less then 50%... some might say more.
Posted: 12 Dec 2010 08:05 Post Subject: Liability
Am I negligent in anyway because I kept driving my vehicle when It was not functioning properly on a highway? The vehicle gas line froze "I think." I didn't pullover. I kept driving in the middle of the road (not on the shoulder) in a 55 MPH zone. I was going about 5 MPH. My blinkers were on. Instead of pulling over I figured I could make it the mile or two down the road and then buy what I needed to "fix" my car. I was hit from behind. Should I have pulled over? Am I at all responsible or liable for what happened? I live in WI.
Posted: 12 Dec 2010 08:22 Post Subject: Liability
Am I negligent in anyway because I kept driving my vehicle when It was not functioning properly on a highway? The vehicle gas line froze "I think." I didn't pullover. I kept driving in the middle of the road (not on the shoulder) in a 55 MPH zone. I was going about 5 MPH. My Hazards were on. Instead of pulling over I figured I could make it the mile or two down the road and then buy what I needed to "fix" my car. I was hit from behind. Should I have pulled over? Am I at all responsible or liable for what happened? I live in WI.
Posted: 12 Dec 2010 09:07 Post Subject:
Am I at all responsible or liable for what happened?Did you not read my prior post?
Posted: 14 Dec 2010 06:42 Post Subject: Liability
I was in an accident. Today my insurance company called me and asked me for information on the other car I hit. I asked if the other party was making a claim and they said no. They said they like to to call the other party to make sure that all was okay etc. and that they wouldn't make a claim. Is this normal. Shouldn't they wait until the party make a claim and pursues me before they start making phone calls etc.?
Posted: 14 Dec 2010 08:33 Post Subject:
Is this normalVery normal! But I'm confused on who reported the loss... I'm guessing that you did. First, if I had a dime for every insured person who said they were not at fault when they were... I'd retire right now! Second, perhaps the other person still disagrees with who's at fault. If so, they need to be mailed a denial. Third, what if the other person thinks you are at fault and has injuries... better to get this person on the record now so that they can't change their store later on. Basically your insurance company is protecting you by doing this.
Posted: 17 Oct 2011 12:59 Post Subject: pencil
my son sat on a pencil at school by a bad prank. it went thrrough 4 inches and recieved stitches and couldnt play sports or run for 6 weeks . needless to say he still has a shooting pain. now they want to settle with me... the hospital put a lien on them until 12 thousand doallars is paid. i want my son to get pain and suffering and i do not want to sue they are just young girls . they paid all my out of pocket medical co pays and missed work pay. what amount of settlement should i agree too.
Posted: 17 Oct 2011 05:47 Post Subject:
First of all, start a new thread to post your query to get advice from experts.
I think it's difficult to decide on how much you can claim for pain and suffering in this case.
In my opinion, you are the best judge as you can feel what your son is actually going through regarding his mental and physical agony.
You may also ask the treating doctor, friends and relatives to help you decide on the amount.
Posted: 13 Mar 2013 06:10 Post Subject: Step down in policy limits
is there a step down in liability limits law in Misssissippi for a guest passenger in an automobile accident.
if limits for state of vehicle is lower than state of accident. would the veh state limits prevail or the state of the accident for a guest passenger?
Posted: 14 Mar 2013 08:10 Post Subject:
Mississippi auto minimum liability limits are a respectable $25,000 per person / $50,000 per accident and $25,000 property damage ("25/50/25"). There is no difference in coverage for a passenger or a driver injured as the result of someone else's negligence.
All auto insurance policies include a provision labeled "Conformity with State Statutes." This provision is two-pronged. First, if the state in which the policy was issued changes the law in a way that affects the policy, the policy will automatically "conform" to that change without having to give other notice to the insured (unless required by law), usually without a change in premium until the next renewal.
Second, when an insured driver is involved in a collision in a different state than the one in which the policy was issued, the policy will automatically "conform" to the laws of that other state as may be necessary.
For example, a minimum insured Mississippi driver is involved in a collision in Texas, where minimum limits are 30/60/25. His policy would instantly improve to the 30/60 requirement of Texas law, at no additional cost. But if a minimum insured Texas driver were involved in a collision in Mississippi, her higher limits of liability would not be reduced and the full 30/60 would be available to the injured persons.in Mississippi.
The same would be true of any driver who carries much higher limits of liability, such as 100/300/50. Those amounts would apply no matter where a collision occurred because they are higher than the minimums in all states.
Posted: 25 Oct 2018 06:30 Post Subject: Liability car insurance covers any financial damages
There are two types of liability auto insurance; Bodily Injury and Property Damage. Bodily injury liability pays for any expenses that result from the injuries sustained in the accident while property damage liability serves to compensate the other parties for damaged property. For more detail please visit generalcarinsurances.com
Posted: 29 Oct 2018 02:36 Post Subject:
There are two types of liability auto insurance; Bodily Injury and Property Damage. Bodily injury liability pays for any expenses that result from the injuries sustained in the accident while property damage liability serves to compensate the other parties for damaged property. As per generalcarinsurances.com and my knowledge as well.