by Guest » Mon Jun 11, 2012 01:15 pm
I was rear ended a few months back. Got minor injuries which the other party's insurance paid. However he was under insured and cannot pay for the car damages. I have got UM/UIM coverage, but I don't want to make a claim against my own policy. Can I sue him or his insurer ?
Posted: Mon Jun 11, 2012 03:26 pm Post Subject:
However he was under insured and cannot pay for the car damages.
If he was insured at all, he has coverage for at least SOME of your damage.
I have got UM/UIM coverage, but I don't want to make a claim against my own policy.
Why do you pay for coverage you refuse to use? One party to this collision was foolish enough not to have adequate coverage. It seems another party is foolish enough to pay for coverage they do not intend to use.
The big winners in this are the two insurance companies involved. They collected premiums and do not have to pay for all the damage. That's a WIN-WIN for them and their stockholders (if any).
If your concern is that by filing a UM claim your premiums will increase, they shouldn't. You are not penalized for collisions which are not your own fault.
Can I sue him or his insurer ?
This is America, the home of the TRIAL LAWYER. You are free to sue anyone and everyone you want.
And you will probably win your case. But, think about this: if you involve an attorney, you will (1) give up as much as 45%-50% of the award (yes, some attorneys are taking that much these days -- when they have fools or illiterates for clients) to the attorney if you win; (2) after giving up that money to the attorney, you will probably not have enough money to complete or pay for your damages -- then what? and (3) the person who caused your damages did not have the money or desire to pay for proper coverage -- what makes you think he has enough money to pay for the remaining unpaid damage and/or attorney's fees?
I'm sure others will chime in on this, but the biggest fool here is the one who refuses to file a claim against their own "bought and paid for" UM/UIM coverage which WILL pay WITHOUT the need to obtain an attorney.
Posted: Mon Jun 11, 2012 06:21 pm Post Subject:
I agree with Max, you have purchased insurance for just this type of occasion. If you are concerned that reporting the loss to your insurance carrier may raise your rates, I would discuss it with your agent. If you were not at fault, you may find that your rates wont go up.
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