by francisstrait » Sat Jun 11, 2011 06:00 am
I was in a car accident a year ago and broke a bone in my back and had to have back surgery to fix it. Specifically an L5-S1 fusion instrumented. The cost of everything is outstanding and the defendant was 100% at fault and his insurance is not giving any limits on coverage. It's getting time to settle and I'm wondering what I'm going to have to do if in between his coverage and my underinsured coverage doesn't pay the bills.
Posted: Mon Jun 13, 2011 05:51 am Post Subject:
I was in a car accident a year ago . . . It's getting time to settle and I'm wondering what I'm going to have to do if in between his coverage and my underinsured coverage doesn't pay the bills.
First, you need to know what the STATUTE OF LIMITATIONS is in your state. If you wait beyond that time limit to file a legal action, you WILL BE OUT OF LUCK. A civil complaint has to be written and filed within the statute of limitations or the case cannot be tried in court.
If you have time remaining, you need to attempt to get the AT FAULT party's insurance company moving on paying your claim. They are responsible for 100% of your medical expenses up to the policy limit. If that will not cover the total cost and you have UMBI coverage on your own policy, that's secondary coverage, and it will pay the balance of your medical expenses up to your policy limit.
If there are still outstanding medical expenses, the AT FAULT party will be responsible for those, but you will probably need a court order (civil judgment) in order to enforce payment.
Anything beyond actual medical or other documented expenses (such as lost wages) is called "general damages" (i.e., "pain and suffering"), and if your medical expenses exceed the policy limits, then you're looking at having to get a civil judgment against the at fault party and trying to collect on it.
Understand also, that if you were to win a civil judgment, your auto insurer would be entitled to recover whatever it paid on your behalf from the UMBI coverage. That's called SUBROGATION.
If you fail to win a civil judgment, you are always responsible for your unpaid medical expenses. And your legal expenses.
If you cannot get quick action from the AT FAULT party's insurance company -- and I mean a legitimate indication of some kind of impending resolution -- within 48-72 hours, assuming the insurance company has all the bills or other information it needs to make its claims determination, then you probably are facing the likelihood of involving an attorney if you are up against the statute of limitations.
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