I Need Some Help About A Lawsuit, Please ~

by Tinkerbella » Thu Nov 27, 2008 12:37 am

I know a lot of this maybe covered in the forum and I did some reading but I wanted to ask out right.

On December 13 last year my DH rear ended another vehicle. Here it is a year later and we get papers suing us, our insurance company as well as her own. What happens with this? Our IC is closed for the day so I can't call them right now. What does that affect that we own? We do not own our house nor our rental property outright. We do own the business but it is a LLC business. We do have a retirement/401K, not a lot of money in it.

This woman was not hurt that bad. She was walking around and not even going to the ER until the cop talked her in to going. She is suing for mega pain and suffering, loss of wages, loss of enjoyment of life (come on, she is not DEAD, sorry but I am frustrated!), also suing on behalf of her DH and DS who were not even in the car, suing for loss of consortium. UGH, this makes me ill beyond belief!

I am not sure if Allstate (my IC) has ever paid out or what is going to happen.

My kids were in the car and the most they needed was 3 stitches in my son's chin. He was in the back of the truck in one of those side seats and he hit the back of the truck.

Any help or understanding that you can shed on this is very greatly appreciated.

Total Comments: 20

Posted: Sat Nov 29, 2008 01:06 am Post Subject:

Yes, Martin spoke with the agent who owns our chapter of Allstate. He was the one who said that about $14,000 was paid in claims. Funny, because I just blue booked her car, brand new at $26,000.

There is a chance that we had a higher policy at the time of the accident. We went in and changed our policy to add insurance and our premium went up $60 a month. Soon after that, my step son announced that he and his girlfriend were expecting and the trailer we rent out was destroyed by the tenants. So all of that and $60 extra a month was just to much. I called and lowered it back. A few days later that accident happened.

I found the amended policy where our policy went back down to the coverage I mentioned earlier on Dec 15 and the accident was Dec 8. My payment cleared the bank on Dec 11 for the much higher premium, so we were likely insured for more at that point. Stupid me, I have no idea what I did with that paper work. It is the one thing not in my file. Martin forgot to ask the agent about that so I will have to call and see.

I am feeling much better, thanks in part to all of you. You hear of people being sued all of the time but you never know how it feels until it is done to you....it is scary!

Posted: Mon Dec 01, 2008 01:24 am Post Subject:

Looks like things will work out just fine for you Tinker...I am glad and shortly this will all be behind you.

Posted: Tue Dec 30, 2008 05:48 pm Post Subject: ALLSTATE

WELL YOU HAVE A REAL PROBLEM IF YOUR INSURANCE COMPANY IS ALLSTATE THEY WILL DO NOTHING FOR YOU JUST KICK YOU TO THE WOLFS AND YOU WILL HAVE TO PAY ALL THEY DID IT TO ME AND I AM STILL IN COURT WITH THEM FOR NOT COVERING ME OR FIGHTING FOR ME AT ALL GET A GOOD LAWYER AND SUE ALL STATE FOR FAURD

Posted: Tue Dec 30, 2008 06:06 pm Post Subject:

Well Ralph, not sure how you could possibly sue your own carrier for 'fraud'...and if you read the thread...Allstate came thru just fine on this thread.. :? so not real sure what you mean by your post.

Posted: Tue Dec 30, 2008 11:22 pm Post Subject:

I imagine it may have been a more difficult case. I have never (thank God) had to go through any of this but would hate to even think of it happening. I really do not hear much of insurance companies not sticking by their insured side..I would think it wuld give a bad name to the company. Hope all works out with Tinker..imagine it will.

Posted: Wed Dec 31, 2008 03:46 am Post Subject:

10/20/50 isn't that bi limits of 10/20 and property damage of 50 thousand so she would have had enough to cover a 14 thousand payment for the other persons car which would fall under property damage.

Posted: Wed Dec 31, 2008 10:55 am Post Subject:

10/20/50 isn't that bi limits of 10/20 and property damage of 50 thousand

yes that's what this would mean...I'd find it odd to have 50k on pd and only 10k on bi...are you sure that isn't 5k on pd?

Posted: Wed Dec 31, 2008 02:10 pm Post Subject:

Thats what I was thinking. I would imagine a person would carry moe on their bodily injury then on property damage.

Posted: Wed Dec 31, 2008 10:36 pm Post Subject:

I would imagine a person would carry more on their bodily injury then on property damage.

Every policy I've ever seen does..

Posted: Wed Dec 31, 2008 11:02 pm Post Subject:

yes with my compnay you can never go higer on you prop dam then you have on your bi levels so you are right that is od I did not think about that untill right now it prob is 5 grand.

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