by smith123 » Sat May 09, 2009 02:43 pm
I have a relative who was involved with 100 % at fault accident. He/She hit the rear bumper of the front car. The victim and my relative agreed to settle thru relative's own insurance. Apparently there was no damage to my relatives car except that the license plate had some minor scratch, which hit the other persons rear bumper. The status:
1. Property damage stettled for $2000 (For Mercedez)
2. Bodily injury, open since 1 month
Not sure what the law is with respect to bodily injury. He is worried that the victim has now hired an attorney. Everything looked okay at the spot, the victim and insurance did not agree to the request to call the police or ambulance. Everyone drew away after reporting to insurance.
The question is how would the texas law govern the whole incident based on a fair judgement of the case. It would be unreasonable if the claim is dragged for a longer period of time, and the monetary amount is aggravete.
What would happen if the insurance coverage in inadequate, and the other person does not have underinsured insurance? Would my relative be personally liable/ imprisoned, need to file bankrupcy?
1. Property damage stettled for $2000 (For Mercedez)
2. Bodily injury, open since 1 month
Not sure what the law is with respect to bodily injury. He is worried that the victim has now hired an attorney. Everything looked okay at the spot, the victim and insurance did not agree to the request to call the police or ambulance. Everyone drew away after reporting to insurance.
The question is how would the texas law govern the whole incident based on a fair judgement of the case. It would be unreasonable if the claim is dragged for a longer period of time, and the monetary amount is aggravete.
What would happen if the insurance coverage in inadequate, and the other person does not have underinsured insurance? Would my relative be personally liable/ imprisoned, need to file bankrupcy?
Posted: Sat May 09, 2009 11:12 pm Post Subject:
If the other party has hired an attorney, it is a bad news for your relative. The case may depend on several issues such as liability, the extent of your personal injuries and the settlement position of the insurance company. However, many case can be settled within six months or less from the time the claim is made.
Was the person hurt in any way ?
Posted: Sat May 09, 2009 11:20 pm Post Subject:
thanks for the response. Nothing appeared at the site of the accident, however the other person planned it well. They went to emergency room, and after one month hired an attorney, knowing that this is good opportunity to gain financial benefits. Unless someone see medical records, its not possible to tell, but for sure there seemed to be nothing at site of accident to warrant a meical assistance.
what would happen if my relatives liability gets exhausted?
Posted: Sat May 09, 2009 11:40 pm Post Subject:
Did they file for a claim regarding bodily harm ?
If yes then, that might create trouble as the case may take upto 6 months to get settled.
However, do understand that they are contractually obligated to report all accidents to their own insurance company so they can document everything in a timely manner (in case the your insurance denies the claim).
Posted: Sat May 09, 2009 11:50 pm Post Subject:
yes, they filed claim for BI. Also they informed their own insurance. Could you respond to the earlier questions?
Posted: Sun May 10, 2009 11:24 am Post Subject:
Folks, I just realized that smith has two threads going on the same OP, I'm locking this one, please refer to the following thread for continued discussion on this topic
http://www.ampminsure.org/fraud/at-fault-bi.html#51255
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