by fredbobo90 » Thu Feb 04, 2010 09:50 pm
Ohio/auto accident ,the at fault Insurance Co.agreed to settle for the policy limits ....the limits are far less than my loss wages ect ect. Can I now suit my Insurance for my policy limits?
Posted: Thu Feb 04, 2010 11:41 pm Post Subject:
Can I now suit my Insurance for my policy limits?
"IF" you have UIM (UNDER Insured Motorist)coverage, you don't need to 'suit' anybody, you just need to file a claim...do you have UIM? If so what are those limits? Also you CANNOT (I can't emphasize that enough) settle for that carriers policy limits and THEN go to your carrier for UIM, unless they (your carrier) gives you WRITTEN PERMISSION to do so.. If you've already settled and signed the release you 'may' be out of luck...Your carrier does not HAVE to honor your UIM claim if you did this...However, some will still pay it, with a little scolding :wink: some will deny it..So...a few questions so we can be of greater assistance.
1. Have you already been paid?
2. Did you have an attorney ?
3. What were their BI limits?
4. Did your health carrier pay ANY of your medical bills?
5. Do you have UIM, and if you do what are the limits
and how many vehicles do you have insured? What
are their UIM limits?
6. Does your state allow UIM stacking?
Posted: Wed Feb 10, 2010 08:40 pm Post Subject:
Form your new thread post:
Post subject: no i did not have under insured motorist protection ,however
If you don't have UIMBI then you don't have any coverage under your policy that a claim would give you. Your policy limits are for your liability to others. That is, bodily injury and property damage you cause to other people. This would be for your auto carrier.Please respond I have not sign the settlement agreement as of yet 2/10/10
Do you only have auto insurance... no workers compensation, disability insurance, health insurance, etc?
.Your carrier does not HAVE to honor your UIM claim if you did this
I'm no attorney but usually your carrier would also need to show that they were harmed by their right of recovery not being protected. That is, that they would not have waived their right of recovery anyway. If they would have, they were not harmed.Add your comment