by Guest » Fri Aug 29, 2008 10:27 am
Dear all,
I was in a minor fender-bender car accident earlier this year in January 2008. It was a wet and rainy day, when the car in front of me made a sudden stop, I stepped on my break as soon as I saw the front car stepped the break, however, my car still skidded and bumped the rear bumper of the front car.
The damage was minor, the other car's rear bumper was bent, and the grill and hood of my car was a little bent, there were 2 persons on the other car, the driver and another passenger, they came out of their car and we exchanged insurance information. No one was hurt and no police came.
The other driver and myself both reported to our own insurance carriers, and after investigation by adjusters, I was told that I am 100% at fault, I accept that I am at fault, and my insurance company said that they will take care of the rest, I have full coverage and I am in California.
But, last month when I renewed my auto insurance policy, of course my premium went up because of the accident and the fact that I am at fault, but my auto insurance agent also told me that my insurance company alreay paid for the other party's propery damage, but the other party is not willing to settle with the bodily injury part, the other party is claiming that they have neck and back pain and other sufferings due to the accident.
Today, I received a notice from my claim adjuster saying that the other driver and the other passenger has hired an attorney against me for bodily injury and request that I release the limit of my bodily injury liability coverage, what should I do?
Do I have to release the limit of my bodily injury liability coverage to the other driver's attorney?
Will my insurance company release the limit of my bodily injury liability coverage to the other driver's attorney?
I understand that I am at fault, but it was really a minor accident, I thought the case was closed a few months ago, but now the other party got an attorney against me, will I be in big trouble or get myself into an excess judgement?
I recently purchased a house, I am scared that I will lose my properties in an excess judgement?
I am really upset, can someone please help?
Thanks a lot.
I was in a minor fender-bender car accident earlier this year in January 2008. It was a wet and rainy day, when the car in front of me made a sudden stop, I stepped on my break as soon as I saw the front car stepped the break, however, my car still skidded and bumped the rear bumper of the front car.
The damage was minor, the other car's rear bumper was bent, and the grill and hood of my car was a little bent, there were 2 persons on the other car, the driver and another passenger, they came out of their car and we exchanged insurance information. No one was hurt and no police came.
The other driver and myself both reported to our own insurance carriers, and after investigation by adjusters, I was told that I am 100% at fault, I accept that I am at fault, and my insurance company said that they will take care of the rest, I have full coverage and I am in California.
But, last month when I renewed my auto insurance policy, of course my premium went up because of the accident and the fact that I am at fault, but my auto insurance agent also told me that my insurance company alreay paid for the other party's propery damage, but the other party is not willing to settle with the bodily injury part, the other party is claiming that they have neck and back pain and other sufferings due to the accident.
Today, I received a notice from my claim adjuster saying that the other driver and the other passenger has hired an attorney against me for bodily injury and request that I release the limit of my bodily injury liability coverage, what should I do?
Do I have to release the limit of my bodily injury liability coverage to the other driver's attorney?
Will my insurance company release the limit of my bodily injury liability coverage to the other driver's attorney?
I understand that I am at fault, but it was really a minor accident, I thought the case was closed a few months ago, but now the other party got an attorney against me, will I be in big trouble or get myself into an excess judgement?
I recently purchased a house, I am scared that I will lose my properties in an excess judgement?
I am really upset, can someone please help?
Thanks a lot.
Posted: Fri Sep 05, 2008 12:53 pm Post Subject:
I hope I am right here?
That is correct...I just didn't want this thread to turn into a 'steering' argument...thanks for clarifying... :)so in this case, the other driver's insurance carrier has nothing to subrogate my insurance for, am I right?
Yes, you are correct...this party had the choice, either let your carrier handle their vehicle damage OR use their own policy/collision coverage, have their carrier pay it then subro yours for their collision payment...most people (understandably) would prefer the at fault carrier pay it...If so, why is it not the same with bodily injury payments? The other driver's insurance did not pay out any money for their car damage, but their adjuster still represented them to work with my adjuster for their car damage payment, why can't their adjuster represent them for bodily injury payments as well, isn't it just like the car damage part, the recoup or subrogate process is not involved for both car damage and bodily injury, because their insurance did not pay out anything, they are getting it directly from my insurance liability?
What they would've been working out, was the liability decision, and if your carrier had accepted full liability for the accident...once that was agreed upon, then your carrier (with the owners consent) paid their damage...all the other party's adjuster was doing was making sure that their vehicle damage was being addressed and if not then they would've done so under the collision coverage....what you aren't understanding is there was coverage under their policy to repair their vehicle if need be (collision) there is no coverage under their policy to address their bi claim...only your policy....so there is no (financial) ''interest'' in the bi claim for their carrier..so no negotiation, or discussion between the adjusters regarding the bi claim other than maybe advising that there is one, and maybe providing some information, but i doubt it because they are attorney rep'd...once a person is atty rep'd NO adjuster can talk to that party about their claim, you HAVE to talk to the atty only unless the atty gives you permission to talk to them....so they must come to your carrier for this bi claim, there is no other pocket...I understand that BI coverage is a liability coverage for other people not for myself, but isn't property damage (car damage) coverage a liability coverage as well? but why is BI liability coverage and property liability coverage processed differently even when subrogation process is not involved?
It is confusing isn't it? Because as I said there is coverage under their own policy to fix their car...so they (their adjuster) needed to make sure your carrier was handling it, if not then they would've....however, if your company had denied the claim, their company would've fixed their car using their coll. coverage, however, they would not have been able to do anything for them injury wise...an insurance company technically cannot represent an insured unless they have (or could have) a finacially interest...otherwise they would be practicing law...the other driver's adjuster will only help them with the car damage, but not the BI part, thus, the attorney gets involved?
yes, basically, the other person didn't have to get an attorney they could've handled it themself, but they chose to....keep asking questions until you're comfortable... :wink: have you talked to your adjuster yet?
Posted: Fri Sep 05, 2008 01:39 pm Post Subject:
good morning Lori and all :D Thanks a lot for your patience in answering my concerns, I think my confusions are cleared :D will have to call my adjuster next week.
What they would've been working out, was the liability decision, and if your carrier had accepted full liability for the accident...once that was agreed upon, then your carrier (with the owners consent) paid their damage...
When you mentioned "(with the owners consent)", does it mean that I have to sign anything for my carrier to pay the other party for their vehicle damage? I was never asked for any consent from my adjuster regarding this matter and when my premium went up at policy renew, I called my adjuster and my adjuster then told me that they had already paid the other driver for their vehicle damage?
....what you aren't understanding is there was coverage under their policy to repair their vehicle if need be (collision) there is no coverage under their policy to address their bi claim...only your policy....so there is no (financial) ''interest'' in the bi claim for their carrier..so no negotiation, or discussion between the adjusters regarding the bi claim other than maybe advising that there is one, and maybe providing some information,
What happens if the other party does not have collison coverage with their own carrier? in this case, does it mean that since there is no coverage under their own policy to address their vehicle damage, so there is no (financial) "interest" in the vehicle claim for their carrier as well, so in this situation, their adjuster will not negotiation, or discussion between the adjusters regarding their vehicle damage, just like their carrier has no (financial) ''interest'' in the bi claim as well? then the other party has to also get an attorney for their vehicle damage claim if they chose not to handle by themselves?
Thank you :oops:
Posted: Fri Sep 05, 2008 09:47 pm Post Subject:
When you mentioned "(with the owners consent)", does it mean that I have to sign anything for my carrier to pay the other party for their vehicle damage?
nope you won't have to sign anything...what i meant was with the owner of the others vehicle consent it was up to their discretion whether they used their collision coverage or your pd coverage...I called my adjuster and my adjuster then told me that they had already paid the other driver for their vehicle damage?
right they do not need your consent to pay a claim you are legally liable for...and yes, this loss could certainly increase your rates..What happens if the other party does not have collison coverage with their own carrier? in this case, does it mean that since there is no coverage under their own policy to address their vehicle damage, so there is no (financial) "interest" in the vehicle claim for their carrier as well, so in this situation, their adjuster will not negotiation, or discussion between the adjusters regarding their vehicle damage, just like their carrier has no (financial) ''interest'' in the bi claim as well?
That is correct, if they had not had any collision coverage, then their adjuster still would've talked to your adjuster to make sure they agreed on the liability, and their adjuster would've told your adjuster there is no collision coverage so they will be coming to you for their vehicle repair...then the other party has to also get an attorney for their vehicle damage claim if they chose not to handle by themselves?
yes, the ''could'' have, however most attorney's won't handle the vehicle repairs (there's no money in it for the atty... :roll: )....Posted: Sat Sep 06, 2008 07:27 am Post Subject:
Thanks a lot for your detailed explanation.
yes, the ''could'' have, however most attorney's won't handle the vehicle repairs (there's no money in it for the atty...
Does this mean the attorney could get a lot of money from my insurance carrier on the BI claim? How can an attorney make money out of the other driver's medical treatment bills? if my carrier is paying the other driver the amount on their treatment bills, what money are there for the attorney? Does the attorney or the other driver make up or provide false medical information? otherwise I really don't get how the attorny could get money in the BI claim? :roll:
Thank you.
Posted: Sat Sep 06, 2008 09:54 am Post Subject:
Does this mean the attorney could get a lot of money from my insurance carrier on the BI claim?
yep atleast a third of what the injured party settles for is customary.How can an attorney make money out of the other driver's medical treatment bills? if my carrier is paying the other driver the amount on their treatment bills, what money are there for the attorney?
remember there is also a pain and suffering settlement on top of the actual medical bills...also the attorney will likely negotiate the bills down...after receiveing payment in full for them of course..Does the attorney or the other driver make up or provide false medical information? otherwise I really don't get how the attorny could get money in the BI claim?
I won't say they make up any bills...stretch the amount of suffering and pain surely...believe it or not some attorney recommend docs, and visa versa... :roll:Posted: Sat Sep 06, 2008 11:30 am Post Subject:
Dear Lori,
...also the attorney will likely negotiate the bills down...after receiveing payment in full for them of course..
Sorry, I don't really understand this part, could you please explain?
...believe it or not some attorney recommend docs, and visa versa...
Do you mean that doctors recommend the other party to get an attorney as well? Does the doctor get money too?
Thank you Lori. :oops:
Posted: Sat Sep 06, 2008 12:02 pm Post Subject:
Do you mean that doctors recommend the other party to get an attorney as well? Does the doctor get money too?
yeah, there are some unethical atty's and docs...if a patient comes to the doc with a geniune issue, the doc send him to his atty buddy, and if a person goes to an atty, then the atty send him to his buddy the doc to run up the bills...of course this is the minority and gives all good docs (generally chiropractors) and atty's a bad name, but it does happen...Sorry, I don't really understand this part, could you please explain?
An atty, some times an adjuster and certainly the patient can many time negotiate down med bills, treatment stuff mostly like chiro's or pt...say the bill is 7k and hasn't been paid, an atty could contact the doc and say, 'listen i can get this entire thing paid in a lump sum if you'll accept 5k for the full amount'....more times than not they will accept it.Posted: Mon Sep 08, 2008 10:31 am Post Subject:
How are you?
An atty, some times an adjuster and certainly the patient can many time negotiate down med bills, treatment stuff mostly like chiro's or pt...say the bill is 7k and hasn't been paid, an atty could contact the doc and say, 'listen i can get this entire thing paid in a lump sum if you'll accept 5k for the full amount'....more times than not they will accept it.
Sorry, I do not really understand how this process works, if those unethical attorneys or doctors are in the business of running up bills, why will they negotiate down the bills?
Regarding the pain and suffering part on top of the actual medical bills, do you know usually how much the other driver could get? I understand that everyone's claim will be different, but is there a formula to follow, say the pain and suffering settlement will be 3 times the medical bills, etc.?
Could you please give me some examples of the pain and suffering claims that people usually make?
Thank you.
Posted: Mon Sep 08, 2008 11:20 am Post Subject:
Sorry, I do not really understand how this process works, if those unethical attorneys or doctors are in the business of running up bills, why will they negotiate down the bills?
ok, the bills are lets say 10k...the insurance company pays the 10k (and additionally pain/suffering whatever)...usually health providers attach a lein to any settlement so they HAVE to be paid...they have usually been outstanding for some time...so you call them up and say, look if this was going thru a health provider this would be about half this much....what can we discount and get this paid in full for TODAY....usually you can get any provider to reduce the total by atleast 20-25% maybe even larger, i got a hospital to take 50 cents on the dollar on a bill my daughter had....so that's how that works...There is nor has there ever been a formula for pain and suffering lots of people think that three times is it, and back in the good old days that worked some times...it really depends on too many things past health, present health prior injuries etc....someone with a 'whiplash' could get anywhere from 200-2k in pain an suffering so many things go into it...facial scaring especially on a young woman or child can go pretty high, of course bad injuries or permanent disabilitys can go real high it just depends on so many factors..
Posted: Mon Sep 08, 2008 12:04 pm Post Subject:
look if this was going thru a health provider this would be about half this much....
Hi Lori, regarding the above where you mentioned "health provider", do you mean health insurance companies?
...usually health providers attach a lein to any settlement so they HAVE to be paid...they have usually been outstanding for some time...so you call them up and say, look if this was going thru a health provider this would be about half this much....what can we discount and get this paid in full for TODAY....usually you can get any provider to reduce the total by atleast 20-25% maybe even larger
Does this mean that the other driver will not pay their health providers out of their own pocket or out of their own health insurance at the time they go for treatment, they have their health providers wait for my insurance carrier's BI settlement, then as in your example, say if the bills are 10k, then the other driver and their attorney negotiate with their health providers and lower the bills down to 8k, then the other driver and their attorney will get 2k extra money for themselves?
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