by Guest » Mon Mar 17, 2008 10:02 pm
My wife was in a accident about 9 months ago and now we are being sued. The accident was her fault. The guy drove away, but I think he was at the emergency room later when my wife was there. (she bruised a rib) We got in touch with our insurance company and they have provided us a lawyer. I have a few questions though. In the lawsuit it says that they are suing for in excess of 50k. Does this mean that it can be any amount over 50k? also it says that he is suing for bodily damage of a lasting nature, and for repairs on his truck. My insurance company already payed to fix his truck so can he still sue for that?
Also my wife is the only one mentioned on the lawsuit not me. So does this mean what I like my savings account and wages are have safe from judgment? My coverage is 25k for bodily injury stuff. (I've since raised it) I don't have much money but I do have a lot in a cd that we are saving for a house and I'm worried about losing it all. We are in the discovery phase right now. I'm really worried about this so any help would be appreciated.
Also my wife is the only one mentioned on the lawsuit not me. So does this mean what I like my savings account and wages are have safe from judgment? My coverage is 25k for bodily injury stuff. (I've since raised it) I don't have much money but I do have a lot in a cd that we are saving for a house and I'm worried about losing it all. We are in the discovery phase right now. I'm really worried about this so any help would be appreciated.
Posted: Wed Mar 19, 2008 05:22 am Post Subject: Who is the one then!
Hey Lori, I'm quite a common man with simple brains..n quite new to such problems :)
Its good that I'm getting the much needed guidance from some experienced people like you over here!
I don't understand what informations you are talking about.....what is he going to ask the statute of limitations on BI claims in his state?
Well, see..the gentleman would be the best person to tell us if anything still remains unanswered (with time..) especially when he once said-
We got in touch with our insurance company and they have provided us a lawyer. I have a few questions though.
Unofficially, we all would depend on realistic views from forums like this one...especially when we know, we have friends over here who have shared the same fate as of us!
But who should then be the one we ought to look forward to....in order to make sure that we are moving in the right direction! If its not the DOI then who's the legal guide (Should we entirely depend on the lawyer to drive us through the patches?)
Waiting..Bluebelljacob
Posted: Wed Mar 19, 2008 09:54 am Post Subject:
If its not the DOI then who's the legal guide (Should we entirely depend on the lawyer to drive us through the patches?)
Well, yeah in my opinion that is exactly who should be guiding him...It's just that the state DOI's won't provide information to an insured and claimant like, ''can they get to my cd''...''why was I not listed on the suit papers'' etc...they only provide general information, and of course if you file a complaint, however there is none to be seen here (as yet)....I think some times people get the incorrect vision of the DOI and think they have all the info and can or will answer questions like this...they do not...Its good that I'm getting the much needed guidance from some experienced people like you over here!
I'm glad you are learning Blue....insurance is a very confusing industry....Posted: Wed Mar 19, 2008 02:58 pm Post Subject:
Insurance definately is a confusing business. A lot of things you think are cut and dreid are far from that. I hope the OP and all who reads these threads find it helpful. I know I have. One thing is you can't always get answers or even straight answers from everyone. Especially atty. They always make it "lets wait and see". For some of us this approachisn't always the best one to help with our finacial worries. It is very nice to be able to come to a sight like this and either asked what you need or read through threads and get answers.
Posted: Wed Mar 19, 2008 06:38 pm Post Subject:
I appreciate all the help. I have a meeting with the lawyer on monday. So hopefully I will have some more info then and then I'll post what I find out.
Posted: Wed Mar 19, 2008 10:20 pm Post Subject:
Good to hear you are meeting with your lawyer. Maybe you could write down a list of questions that you will want to ask. This will give you time to think about what you want to get answers to. Sometimes there is so much on your mind that you can forget to ask questions. This way if you have a list you won't walk away and then remember something important. Please keep us posted. Good luck.
Posted: Thu Mar 20, 2008 10:47 am Post Subject:
great verbel please do i'd like to hear the attorneys answers, so I'll know (re: your state anyway) next time!
Posted: Thu Mar 20, 2008 09:58 pm Post Subject:
This is only a guess, but with BI limits of 25K this suit was filed for one of two reasons. First, the claimant's attorney is demanding policy limits for an injury that is worth well less then that or as Lori stated they want to go after the under insured motorist coverage. I could be wrong, but I would assume that if the injury was worth policy limits that the attorney could have settled with your carrier and then persued the under insured coverage. If I am correct, then this would seem to be a money grab by the attorney and the carrier is not going to pay policy limits on a claim that is not worth it. So the attorney does not have a choice and has to file to protect the statute.
As for the demand, I don't think I've read a suit that didn't have phrases like the following:
So and so has suffered permanent debilitating injuries …. Loss of income, loss of consortium, pain and suffering, joy of life, blah, blah, blah… and on and on. ....damages are in excess of 25, 50, 100K (I never see it less then 25K). Most suits that I have read with objective injuries (broken bones) usually state the injuries in the suit. If they are subjective injuries (something that does not show up on an x-ray or scan (soft tissue) usually has the verbage that you received. No attorney is going to put in writing that his client suffered greatly from a sore neck.
I'm with Lori, follow the advice of the attorney supplied to you but stay involved. Because although most attorneys are not going to go after individuals you need to be aware if this thing would go above limits.
Posted: Thu Mar 20, 2008 11:43 pm Post Subject:
great post Dasfuk, it seems that somewhere back in the anals of my old mind there is a state or two that require an excess judgement in order to get to the UIM....familar to anyone? :?
Posted: Fri Mar 21, 2008 01:00 am Post Subject:
Yes it would require a judgement in excess of the BI limits. The judgement is the amount the person can collect from the at fault party. No more. If the judgement was for $25k and the BI paid this... that is it. If the judgement is for $30k. The BI would pay the $25k and the UM carrier would be on the hook for the remaining $5k, per their agreement in the policy.
But a _judgment_ is not _needed_ to collect UM if that is what you mean. I've had main claims where the BI carrier offered their limit so I need to then address the claim under the injured person's UM coverage. It's settled just like a BI claim. I've had a few cases where the settlement was not worth the BI limits but they were offered anyway (might as well kick in that extra $5k or $10k and just be done with it. It's hard to deny a UM payment when the BI carrier has paid their limits. In those cases I kick in $5k or so just to get a release.
Posted: Fri Mar 21, 2008 09:48 am Post Subject:
But a _judgment_ is not _needed_ to collect UM if that is what you mean.
You mean UIM right? Yeah, I know a judgment isn't normally required, what I meant was somewhere in the back of my head I'm remembering that there is/was a state (or two) that did require an excess judgement in order to collect under UIM...(even a friendly suit)....I could be all wet, or the law could've changed....(in that/those states)...I'll do a little research to see if I can find it....again this could be all wrong...just something 'naggin' back there... :roll:Add your comment