Injuries exceeding insurance

by carron33 » Mon Jul 13, 2009 03:56 pm

My wife and I were in an auot accident and substained severe injuries. The person was 100% at fault has limited pip. Are there any other options left for
for additional recovery because of the permanent
injuries.

Total Comments: 4

Posted: Mon Jul 13, 2009 04:29 pm Post Subject:

I don't understand. PIP is a 1st party coverage so PIP would be obtained from your policy, not the other person's. The other person's Bodily Injury coverage would address your injury loss.

Posted: Tue Jul 14, 2009 04:01 am Post Subject:

Hi Carron, I am with Tcope. I think you need to file under the other guys bodily liability coverage if he was at-fault.

* Why are you looking at his PIP coverage instead?

* Were you the passengers with the at-fault driver?

* Which state are you from?

Thanks,
Rupert

Posted: Tue Jul 14, 2009 11:44 am Post Subject:

Are there any other options left for for additional recovery because of the permanent injuries.

It depends on your state. After you have exausted YOUR PIP benefits, or eclipsed the threshold, (if your state allows) then you can proceed to the at fault partys bodily injury coverage, if that coverage is short, then you can go back to your carrier under your UIMBI (underinsured motorist bodily injury) coverage if you have it.

Please explain a little better about the accident, and the coverages that have paid thus far. What state are you in as well.

Posted: Tue Jul 14, 2009 07:05 pm Post Subject:

The pip or medical payments is only for 1st party coverage, this doesn't pay any towards injuries for a driver who was hit as a result of an at fault accident. Pip would have only covered the driver who hit you in the situation you described if he or she obtained injuries. The driver's bodily injury is what would cover for all other injured parties including yourself and spouse for that occurence. The driver will have a max on his or her insurance such as 25/50/25 and this would mean 50k total payout from the insurance company towards injuries, "this is jut an example", refer to the driver's policy to find out exact coverages. You will have an option to take the driver to court for the rest of the money if the injuries exceed what the insurance company will pay. It may be wise to seek legal advice from an attorney. This should not be used as legal advice and is only used for amusement purposes only. Please don't substitute this for advice of legal help, the only person who can give legal advice is an attorney.

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