Why do I have to Sue my ins. to collect underinsured $$?

by Anya » Sun Dec 21, 2008 03:40 am
Posts: 4
Joined: 21 Dec 2008

I was hit by a drunk driver two years ago. He hit me on a ramp while I was entering an interstate. His vehicle caught up under the left side of the rear of my "truck" and also under the wheelwell. Initially I was thrown forward but then I was shook side to side violently and heard all my bones and vertebre clack up and down over and over again for what seemed like forever . I floored my truck trying to get away from him. By the point of release, he flipped his car about two or three times landing on the interstate and pushed me half on half off.

I am still taking physical therapy and am dealing with neck, shoulder, low back and hip problems. Doctors don't want to do much since it is due to an accident. This has been the most frustrating part of all this. My spinal column has been inflamed and I have torn roter(sp). Each doctor thinks the damage is minimal and sends me to someone else. The last one I went to talked baby talk to me and said that if I were in as much pain as I said, then it must be coming from your neck or back.

After two wonderful doctors, I am getting better care and the pain seems to finally be settling down to my SI joint, low back and neck area. I have pain that goes from my neck up to my ear and then down my arm through my hand. It fluctuates between my left arm and my right arm.

I am in pain all the time and it feels like nerve pain, not muscle.

Since this drunk had very little insurance, I am seeking the underinsured part of my policy to pay for my continued care. My insurance company refuses to pay out any of it and I am having to sue them to get it.

Why would I have to sue my own insurance company?

I think after the suit is over, the doctors will probably operate on my shoulders. I have lost 2 years of normal activity and I just want to have my health back again.

By the way, he hit me at over 65 MPH and he blew a .33 five hours after the accident. He was not hurt and I am just dealing mostly with pain.

My husband was killed by a drunk driver back in 1976.

The only way I can describe the shaking of my body in my blessed truck, was that it was like the sound of one of those paint machines that mix the paint before you take it home. I am very fortunate to be here. Oh, the drunk said that I ruined HIS life.

I have to feel better because I have designed a clothing line for children with cancer and I just don't have the energy to continue because of the pain.

Sorry that I rambled on.

Total Comments: 12

Posted: Tue Dec 23, 2008 12:08 pm Post Subject:

So if the other company has to agree to pay the limits and then you can go for your UIM ?

Posted: Tue Dec 23, 2008 01:52 pm Post Subject:

Am i any where close to the right idea?

Sure you are...there is NO UIM if the policy limits of the other guy haven't paid out FULL policy limit, if the 'limit' hasn't been paid how could he be ''under'' insured? he couldn't so there would be (in this scenerio) no UIM claim.

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