by Guest » Thu Feb 04, 2010 05:12 am
I was involved in a car accident in May 08, and as a result I received multiple injuries. I was a passenger on the mc that had full coverage and the guy that hit us was ticketed for making an illegal u-turn causing the accident. His insurance company paid the policy limit but I personally had no insurance which two surgeries later I have not received a dime bc the medical bills are costly. I hired a lawyer and was told that I was only entitled to the policy limits and now I have to sue my sisters umi coverage to get more money. The state of the accident is SC, the guy that hit us is from NC, and the mc driver is from GA, there is some kind of off-set amount that kept me from using the mc policy. What can I do, I am currently still in PT and will be thru May 10, am I entitled to any more money.
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Posted: Thu Feb 04, 2010 05:29 am Post Subject:
now I have to sue my sisters umi coverage to get more money
You haver to _file a claim_.... you don't need to sue in order to obtain payment. Even with representation very few lawsuits are filed.What can I do
I hired a lawyer
Since the UIMBI policy is where the money is at, I'm assuming your attorney is handling this for you. As I've mentioned before in threads... _you_ are paying an attoeney 33% of your settlement to explain these things to you. Have you asked? No problem asking here, I just have to wonder what all of these wonderful attorneys are doing that they can't explain these things. I guess busy making day time commercials.SC law apply. Your UIMBI carrier would pick up with any remaining amount that the other person's policy did not address. This is the "off-set". Is the UIMBI carrier stating that the amount you were paid under the other person's policy was all that you should be getting?
Posted: Thu Feb 04, 2010 06:34 am Post Subject:
Yes they are saying I'm not supposed to get anything else. The guy insurance is Nationwide which is also one of my sister's carrier, the other is selective. I went to a hearing a few days ago and they said I was only entitled to one policy as relative resident applies. What about pain and suffering? It's been almost 2 full years and I am no where near being back healthy.
Posted: Thu Feb 04, 2010 06:45 am Post Subject:
Yes, I can see that exclusion applying for UIMBI.
You had a choice in pursuing the other party... you could accept the other parties policy limits and be paid right away or you could pursue obtaining a legal judgment against them, after which the other person's carrier would have still only paid their policy limits but then you'd have a judgment you could pursue against the other party. a judgment is a pretty piece of paper that legally gives you the right to enforce your right of recovery within state laws (most states allow the judgment to be attached to some real property so upon it's sale, you can collect the money, some stated allow for wages to be garnished). Again, a judgement does not mean you will get any additional money. Of course, a judgement requires your attorney to file suit and incur additional expenses rather then simply collecting 33% of the what you get paid in return for about an hours worth of work.
If there is a resident relative exclusion about the only other thing you could try is to collect BI coverage from the driver of the motorcycle. I doubt there is a very good possibility of this. You'd need to show the driver was negligent in the operation of the motorcycle. You don't have UIMBI or live with someone who has UIMBI?
Other then that, this is why people obtain health insurance. You may very well need to pay for your medical expenses out of your own pocket.
People obtain insurance to protect _themselves_, not other.
Posted: Thu Feb 04, 2010 06:59 am Post Subject:
thanks.
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