by Guest » Sat Mar 23, 2013 02:01 am
Hubby was in an accident. Somehow, they found it to be his fault and he is 100% liable. Our car is totalled and he was taken from the scene to a trauma center. He was out of work for about a week and is having concussion-like symptoms. The other car involved was barely hit, or should I say it was "brushed", not towed and driveable, and no one from the other party was taken to the hospital.
I just found out that the other party opened a 'medical claim" (by the way, both parties have the same insurance company). Our limits are 100,000/300.000/100,000. We also have uninsured/underinsured coverage but I do not know the limits off hand.
It seems we have plenty of coverage for the other party but the way the world is today, I am concerned about the other party thinking of sueing. If they have full tort they could try to sue us for pain and suffering but I am trying to be positive here. Their car was drivable and my husband got the worst of it but now that I have heard that the other party has opened a medical claim, I am concerned.
Two things I want to mention is that there were NO CITATIONS and this took place in Pennsylvania.
I just found out that the other party opened a 'medical claim" (by the way, both parties have the same insurance company). Our limits are 100,000/300.000/100,000. We also have uninsured/underinsured coverage but I do not know the limits off hand.
It seems we have plenty of coverage for the other party but the way the world is today, I am concerned about the other party thinking of sueing. If they have full tort they could try to sue us for pain and suffering but I am trying to be positive here. Their car was drivable and my husband got the worst of it but now that I have heard that the other party has opened a medical claim, I am concerned.
Two things I want to mention is that there were NO CITATIONS and this took place in Pennsylvania.
Posted: Sat Mar 23, 2013 02:23 am Post Subject:
there were NO CITATIONS and this took place in Pennsylvania.
One of the few states with the worst drivers in America!Uninsured motorist has nothing to do with this accident if your husband is 100% at-fault. As for the other party, they are free to sue for anything they want. Your insurance company owes you a defense for any claims made against you/tour policy.
Minor damage to a vehicle usually, but not always, translates into minor or no real injuries to the occupants of that vehicle. Sudden large claims on their part might be suspicious, and your insurance company should investigate them thoroughly before making any payments.
Don't be too concerned. Even if a process server comes to your front door and hands you a complaint for a civil suit, just turn it over to your insurance company. They'll handle it . . . you only have to cooperate with them.
Posted: Sat Mar 23, 2013 03:11 am Post Subject:
Ok so if they decide to sue for pain and suffering, your saying the insurance company will defend me? I thought I was on my own and would need to get a lawyer cause they are looking for money they believe is owed to them. We have no personal assets so I'M just curious.
Posted: Sat Mar 23, 2013 12:11 pm Post Subject:
the insurance company will defend me?
Unless the collision was due to something excluded under the policy, such as street racing, yes, the insurance company will defend you at their expense.Posted: Sat Mar 23, 2013 03:09 pm Post Subject:
What if both myself and the other party have the same insurance carrier? I take it doesn't matter cause I deserve a defense no matter what the circumstances?
Posted: Sun Mar 24, 2013 05:58 am Post Subject:
If the same insurance company is involved, you can expect this to be handled without further effort on your part. That doesn't prevent a lawsuit between the parties to the collision, but it does raise a concern over conflict of interest, in which case you might seek outside counsel. In doing so, you request the insurance company to authorize you to seek outside counsel at the insurance company's expense in lieu of providing the attorney to you.
Add your comment