by cxchih » Fri Jul 04, 2008 03:48 am
If you happen to be involved in an accident where you are at fault of hurting the other person then your liability insurance is supposed to pay for the damages. Similarly if you are hurt as a result of somebody else's fault then their bodily liability insurance will come into play.
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.
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?
If you drive regularly or even almost regularly, you need bodily injury insurance. Most states require you to have a minimum amount of coverage and there are also some states that don't make this insurance mandatory. However, accidents usually don't come with a warning, so if you are a regular driver do get your liability insurance.
Why would you need bodily injury insurance?
The cost of treating someone in hospital can be high. Treatment can be expensive and if you have to bear it out-of-pocket all at once it can be a real burden. An accident can lead to law suits against you. You surely didn't save money for some law suit that might come up against you. Liability insurance not just pays for the liability you have towards others but also for legal suits to protect you. A third party may sue you even if you are not at fault at an accident and BI coverage protects you in any case.
Related Readings
- About Bodily Injury Liability
- PIP vs Bodily Injury Liability
- Liability in hit and run case
- Liability for property damage
- Car accident release form
I had a car accident 2.5 years ago. My car was totalled and I got paid for the car loss by the defendant's insurance company. I have been having low back pain, hip pain and leg pain on my right side since the accident. I was diagnosed with disc protrusion. I have had physical therapy, facet injections, ESIs, accupuncture, taking anti-inflammatory medicines, etc, but nothing had worked so far. My medical bills come to $45,000, my out of pocket payment (deductible) is about $4,500. I didn't have actual wage loss since I am paid salary not hourly. My treatment is still going on.
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.
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: Mon Jun 22, 2009 11:37 pm 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: Mon Jun 22, 2009 11:41 pm 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: Tue Jan 26, 2010 07:25 pm 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.
Thank you.
Posted: Tue Jan 26, 2010 11:33 pm Post Subject:
Can
yes..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: Tue Feb 16, 2010 06:33 pm 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: Tue Feb 16, 2010 09:13 pm 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: Tue Feb 16, 2010 09:50 pm 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: Tue Feb 16, 2010 11:20 pm 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: Thu Dec 09, 2010 06:47 am 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: Thu Dec 09, 2010 07:03 am 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!
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