by kmp5665 » Wed Jul 21, 2010 05:17 am
i live in a no-fault state..i need back surgery but my PIP limit is only 15k, the other driver was at fault and his PIP is also 15k..can i personally sue him? or what can i do in this case? ty
Posted: Wed Jul 21, 2010 06:13 am Post Subject:
.can i personally sue him?
In no fault state you can not sue any person for auto accident because all payment is paid by your own insurance company (first party).
Sole purpose behind this No-fault insurance is to avoid litigation and fasten the process of claim settlement.
It is true that in no-fault state the person who is at fault will have to pay extra premium on his/her insurance but surely this is not a higher punishment.
DIMG
Posted: Wed Jul 21, 2010 03:53 pm Post Subject:
Not being in a no-fault state, I cannot be certain, but I don't think you are prevented from suing for actual damages caused by another person that exceed the available coverage. That is not the intent behind the no-fault concept. That a person only has $15,000 PIP is a problem for them when it comes to finding the money to pay a $100,000 claim.
If you have your own medical insurance (individual or group), that should cover the cost of your surgery. You must understand that your medical insurance has subrogation rights against a third-party and is entitled to recover up to 100% of its expenses incurred on your behalf from any money you thought you might obtain from the other party or their insurance company, even your own PIP.
And just for clarification:
your own insurance company (first party).
This is incorrect. The insured ("You") is the first party, the insurance company ("We") is the second party.
Posted: Wed Jul 21, 2010 08:01 pm Post Subject:
This is incorrect. The insured ("You") is the first party, the insurance company ("We") is the second party.
All apologies from my side for this minute mistake.I appreciate Max Herr for this favor.Please henceforth if I ever commit any mistake let me know either public or private.No hard feeling in any manner.
Thanks
DIMG
Posted: Wed Jul 21, 2010 08:25 pm Post Subject:
I ever commit any mistake let me know either public or private
Refer to the forum rules. In section 5A, Page 784 section 4, paragraph c.
Any forum member caught misleading, making a mistake; goof ups and or otherwise, will result in taking him/her out back and beating them senseless with a rubber hose.
:P
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