by jo » Sat Aug 29, 2009 09:05 pm
I was involved in a car accident that was the other person's fault. She was speeding 1/2 block from the school zone, hitting my car on the passenger side rear, sending my car into a 180 degree spin. The impact sent my bumper flying over 30 feet. She didn't make any attempt to avoid the accident.
Luckily the police chief witnessed the accident and documented all this on the police report. Her insurance paid for my totaled car but because I now have 2 herniated cervical discs and have not recovered, they haven't made a settlement offer.
I don't know what their limits of liability are, but I have a question. If I go through my insurance company my limits are $50,000. What happens during subrogation if the driver's insurance coverage is only $25,000 and my insurance company settles with me for $50,000? From whom do they attempt to recover the other $25,000 from?
Luckily the police chief witnessed the accident and documented all this on the police report. Her insurance paid for my totaled car but because I now have 2 herniated cervical discs and have not recovered, they haven't made a settlement offer.
I don't know what their limits of liability are, but I have a question. If I go through my insurance company my limits are $50,000. What happens during subrogation if the driver's insurance coverage is only $25,000 and my insurance company settles with me for $50,000? From whom do they attempt to recover the other $25,000 from?
Posted: Sun Aug 30, 2009 12:13 am Post Subject: accident
Well.......(not an expert, but just MY opionion..),..since it was the accident that caused your injuries, I would think it would be the OTHER driver's Insurance that should cover your medical bills.
Posted: Sun Aug 30, 2009 12:49 am Post Subject:
What is this $50,000 limit you speak of on your own policy? Bodily Injury? If so, that is liability coverage... not coverage to address your injury.
Posted: Sun Aug 30, 2009 02:35 am Post Subject:
This is my first accident, so I have no idea. I was thinking about the UM/UIM but you're right, that wouldn't apply. So how would it work if I went through my insurance and let them subrogate? Or should I even consider that?
Posted: Sun Aug 30, 2009 04:02 am Post Subject:
That is my point... I don't think you have any medical coverage under your own policy. So you can't file under your own policy and have them surrogate.
Posted: Sun Aug 30, 2009 04:17 am Post Subject:
I'm trying to do this without a lawyer. I've done a lot of research, but as you can see, not enough.
Is there anything that I should be aware of when negotiating a settlement? My medical bills are $10,000 and loss of wages $3000. My neurosurgeon suggested surgery as an option, but I'm not ready to accept that right now.
I figure I will reach the at fault party's policy limits, although I am not sure what they are, and then will need to look to my UIM coverage. Is there a pitfall here that I should know about? Anything that would prevent me from filing for the UIM later?
Posted: Sun Aug 30, 2009 04:51 am Post Subject:
You cannot accept the at fault carriers BI policy limits offer without your own carrier's permission. If the other carrier offers you their insured's policy limits then you just saved 33% of that amount by not using an attorney. You can always then use an attorney for the UIM settlement with your own carrier.
You may also be able to get any unpaid medical bills reduced after the settlement. You'd call those providers and see if they will accept a 50%, 40%, 30%, 20% reduction in their charges if you agree to pay them right away.
Posted: Sun Aug 30, 2009 05:08 am Post Subject:
Thank you. I will be sending my settlement letter to the adjuster next week. I will post the results. I know from this site not to respond immediately to any offer, unless it's policy limits.
Can I expect that the adjuster will be honest with me on how much the limits actually are? Should I ask for proof of some sort?
Posted: Sun Aug 30, 2009 05:12 am Post Subject:
An adjuster can't lie about what the limits are. They can either tell you or not (depending on state laws).
Posted: Sun Aug 30, 2009 05:28 am Post Subject:
One more question before I send in my settlement letter. I kept a daily diary from the day of the accident. It details my pain, my emotions, my Dr. and PT visits etc. Should I send a copy of that with my settlement letter?
Posted: Sun Aug 30, 2009 05:42 pm Post Subject:
I must say thank goodness I found this site before the settlement. I can't believe the wealth of information I've found here, and the honest straight forward comments are priceless. Now that I have everyone buttered up :), I have another question.
Earlier in the year, I almost lost my job because my employer was fed up with me leaving to go to PT 2 times a week. I had been going on and off for almost a year. I can't go on the weekend, they're closed, and I can't go before or after work for the same reason.
If I chose to have surgery as the neurosurgeon has suggested, I will lose my job, no doubt. I'm not really released, I'm not 100% and will never be, but I can't afford to have the surgery at this time because I need my job (I've worked there 8 years and I make twice as much there as I could make anywhere else).
How do I address this in my settlement letter?
I must add, I am a 55y/o female, I have no previous injuries and no risk factors for herniated discs. The adjuster can go over my medical records from infancy with a microscope and find nothing about previous back or neck pain or anything else related to the problems I am now having.
Add your comment