by Guest » Tue Aug 24, 2010 09:26 am
NO prior injuries, motorcycle accident over a year ago motorist 100% at fault cited for failing to yield right of way, also driving with an expired license. I was diagnosed with a broken wrist, contusions, and permament scars also have loss wages. Insurance company has not settled yet and at fault driver is said to only have 25000 dollar policy limits, offered only half. Motorcycle totaled had 14000 dollars worth of damage. I have 10000 dollars in medical bills. The at fault drivers insurance company is asking for medical records and injury reports 5 years prior because doctors report saids my broken wrist could have been from prior injury. I have no prior injuries or accidents. Please give advice what should i do.
Posted: Tue Aug 24, 2010 01:06 pm Post Subject:
If your medical claims are complete and the insurance company has not settled the claim, it's time for a complaint to your State's Dept of Insurance, and if that doesn't change the situation, then it's time for an attorney.
Unfortunately, if the insured has low limits of liability, you may not do any better with an attorney than on your own. Getting a judgment for more money means little or nothing if the insured has no ability to pay and no property you could go after.
Posted: Tue Aug 24, 2010 01:29 pm Post Subject: No prior
I have asked for at fault drivers declaration page to prove policy limits, and was sent a plain sheet of paper that read policy limits 25/50/25, but no declaration page. Could they be lying about limits? I do have underinsured motorist 100/300 policy limits with my own carrier but until they exhaust their limits my carrier will not pay. How should i reply about them claiming prior injuries?
Posted: Tue Aug 24, 2010 03:41 pm Post Subject:
it's time for a complaint to your State's Dept of Insurance
This is probably not going to help as the insurance company has every right to investigate a possible prior injury... especially if a doctor indicates that their might be one.OP, you had not seen any doctors for 5 years prior to your accident? If you have, I'd recommend giving the insurance company a medical release and the contact info for these doctors. If you have not had a prior injury then this should clear everything up. Why would this current doctor think any part of your injury was pre-existing? There must be _some_ indication of this.
I can tell you that an attorney would submit this prior doctor info as he/she knows its discoverable in court.
I doubt the insurance company is lying about the policy limits (it would be bad faith to do so). You could ask them specifically for a copy of their insured's Dec sheet. Many times the adjusters don't have easy access to this information... but it can be obtained. This is probably why they just sent a letter.
If you have UIMBI you need to put your carrier on notice of a possible claim _before you accept any payment from the other carrier_! Your carrier needs to waive their right of recovery before you accept any payment from the other carrier.
With no prior injuries I see no reason for them not to offer their policy limits. If you obtain an attorney for this there is a good chance you'd then be paying him/her 33% of the $25k policy limit for what you could have obtained yourself ($8250!). If needed, perhaps you could find an attorney that would only take 33% of what you collect from your own carrier under UIMBI... though I doubt it.
Posted: Tue Aug 24, 2010 09:09 pm Post Subject:
...because doctors report saids my broken wrist could have been from prior injury
This is the whole problem...and its not the insurance company's problem. They are not going to settle until they know if there was a prior injury. (Your?) doctor screwed you here, not the insurance company. Let them have access to your prior medical records. If there are no problems, I don't see why this is not a limits case for them.
Posted: Wed Aug 25, 2010 11:32 am Post Subject:
If you believe you are being abused by the insurance company after all this time, you should also file a complaint with your state's Dept of Insurance. At the very least, the insurer must be communicating with you every 30 days to advise of the status of your unresolved claim. If they are failing to do that, they will be in hot water with the DOI for unfair business/claims practices. A complaint to the DOI could prompt the insurer to get the claim settled ASAP to avoid further inquiry by the DOI.
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