by hr8886 » Mon Mar 18, 2013 05:13 pm
Hi,
My medical bills are 150K and i lost 4K from missing work.
The at-fault driver has a BI of $100,000/$300,000
My insurance has $200,000 in PIP and $25,000 in UM.
What is the max I could receive?
Thanks
My medical bills are 150K and i lost 4K from missing work.
The at-fault driver has a BI of $100,000/$300,000
My insurance has $200,000 in PIP and $25,000 in UM.
What is the max I could receive?
Thanks
Posted: Mon Mar 18, 2013 09:15 pm Post Subject:
Your direct loss is apparently $154,000 (plus the damage to your personal property). If any of that was paid for by your health insurance provider, you owe that much back to them. Your PIP could be used to cover the $150,000 in medical expenses. Your $25,000 in UM(BI?) only comes into play if the total claim exceeds the other party's limit of liability.
If the other party has $100,000 liability, you've reached the limit and his insurance company should already be asking "To whom do you want the check made out," and you might be able to claim the other $25,000 from your insurance company. It mostly depends on what your state has to say about the subrogation rights of PIP and health insurance.
What's the most you could receive? Only a judge and jury know the answer to that for sure. If the at fault party has no assets, if the PIP is not subject to subrogation, you would do best to ask for the policy limits of both the at-fault driver and your own insurance -- take the $125,000 and run.
Why? If you think about using an attorney, you would need to collect on a judgment of $187,500 or more to walk away with the same $125,000. That's probably a stretch in this case.
Posted: Tue Mar 19, 2013 01:38 am Post Subject:
my BI is $100,000/$300,000 but UM is $25,000.
It mostly depends on what your state has to say about the subrogation rights of PIP and health insurance.
i'm in New York which i believe is Anti-Subrogation
Posted: Tue Mar 19, 2013 04:02 am Post Subject:
The at-fault driver has a BI of $100,000/$300,000
My insurance has $200,000 in PIP and $25,000 in UM.
What is the max I could receive?
From what you posted, $100,000.
You don't get paid by your PIP and the other person has insurance so UM does not come into play (UIM, under insured motorist would... and that would increase the amount to $125,000). It does not matter what your BI coverage is. That is liability insurance.
Posted: Tue Mar 19, 2013 05:41 am Post Subject:
How likely is it to get policy limit for pain and suffering?
Is this very rare?
Posted: Tue Mar 19, 2013 09:13 am Post Subject:
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