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 Posted: Sat May 30, 2009 1:23 am Post subject: Florida Accident with Injuries |
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| I was the at fault party in an accident last night. I think that the other party has been injured. I want to be sure he is taken care of, but I also have to protect myself. I have $100/$300 in bodily injury liability. I've read that this doesn't kick in until the other party has exhausted his PIP. Is this true? What if he carries very low PIP? My adjuster thinks I am better insured than most people, but I am worried about getting sued. Thanks for any help or advice. Liz |
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mitchellliz
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| Posted: Sat May 30, 2009 3:22 am Post subject: |
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Mitchellliz, relax..it's really going to be ok...do you have any reason to think this person suffered horrible injuries?
| Quote: | | I've read that this doesn't kick in until the other party has exhausted his PIP. Is this true? |
It depends on the state, but yes, most PIP states require that medical bills (some times loss of wage too) eclipse the PIP threshold before a BI claim can be presented..some even require more significant injuries before a BI can be presented against the at fault party...that's why they call it 'no fault'..if the injury isn't ''bad enough'' then it stays within their own policy... | Quote: | | What if he carries very low PIP? |
Most PIP states have a min. requirement..if he does have low PIP limits, then after those are exausted he will come to your policy... | Quote: | | My adjuster thinks I am better insured than most people |
I agree you are...(I carry the same limits myself) | Quote: | | but I am worried about getting sued. |
That really rarely happens...people get attorneys to represent them all the time for injuries but very rarely is a suit filed, and even rarer does it ever get to the court house..if he would file suit, your carrier will provide (at no cost to you) a legal defense...it's their job to settle all claims within your policy limits, thus protecting you from harm... | Quote: | | Thanks for any help or advice. Liz |
You are very welcome...If you'd like to provide the state this occured in we can check (or might already know) how PIP works in that state...also, why do you think he was injured, and how badly?
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Lori
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| Posted: Sat May 30, 2009 3:46 am Post subject: |
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| Thanks. The accident was in Florida. I am with progressive and can see all activity on the claim. For other party, there's an entry about his vehicle (its being totaled and I have more than enough property liability for that) and an entry for residual bodily injury. |
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mitchellliz
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| Posted: Sat May 30, 2009 11:31 am Post subject: |
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| Quote: | | residual bodily injury. |
doesn't sound too bad to me..as to the vehicle being a total loss...depends on the yr/make/model...if an older vehicle doesn't take much to total...if this 'residual b.i.' on your claims website was the first indication you had they were injured (didn't leave accident scene in ambulance, no one bleeding etc) then it's likely a minor injury...I'll not get into Florida's PIP laws, as we have a regular poster here that was an adjuster in Flordia for many years, (yo..Tcope..heads up!  ) I'll send him a note to see if he can pop in on this thread and explain how PIP works in your state...if I remember right though, I think Florida's PIP min. is 10k, (but I don't know the particulars) and I don't think Florida actually requires BI coverage, on private pass. autos..which is TOTAL nuts...so you're well ahead of the game in that regard...hang tight for Tcope...I'm sure he can do a much better job of explaining how PIP/BI claims work in Florida...
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Lori
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| Posted: Sat May 30, 2009 2:06 pm Post subject: |
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| My vehicle was also a total loss. I ran a red light & t-boned the other guy - 100% my fault. He did not seek medical attention at the scene. Thanks for the help. I look forward to hearing from Tcope on the PIP. |
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mitchellliz
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| Posted: Mon Jun 01, 2009 4:50 am Post subject: |
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| Quote: | | I have $100/$300 in bodily injury liability. I've read that this doesn't kick in until the other party has exhausted his PIP. Is this true? |
Yes... and no. The other person's PIP (minimum is $10,000) does initially address the other person's medical bills (and loss wages) and the person's PIP carrier cannot seek recovery for the money that they pay under their insured's PIP coverage. But as long as the other person has some permanency (and in FL every one's injury has some degree of permanency) then they can file a claim under your Bodily Injury coverage. Your carrier will take an off-set for whatever the other person's PIP carrier paid.
Example... let's say the other person had $15000 in medical bills. That person's own PIP carrier will pay the $10,000 under PIP. The other person files an injury claim under your policy. Your carrier looks at the $15,000 and determines that they owe $5000 in "pain and suffering" on the claim. So they have $15,000 in medical bills but they take an off-set of $10,000 as that was paid under PIP. So they only have $5000 left in medical bills. Add this to the $5000 in pain and suffering and they make an offer of $10,000.
So a person does not need to exhaust their PIP coverage in order to collect under the at-fault parties bodily injury coverage (in FL)... they only need to have some degree of permanency to collect.
| Quote: | | My adjuster thinks I am better insured than most people, but I am worried about getting sued. |
Don't be... it's simply not going to happen. The other person would need to forgo collecting anything from your carrier and file suit. Your insurance company would provide you a defense and the other party could walk away with nothing or less then your carriers offer. All attorneys are going to settle without going to court as they are just looking for the quick and easy insurance money. About the only time an attorney would file suit if if the there were some complications to the claim (like the person having a prior injury) and the attorney felt the insurance companies offer was way to low. Even if suit were filed (3% of the claims in FL) it's an even smaller chance that it would actually go to court. Mediation in FL is mandatory.
(thanks Todd-lori) |
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tcope
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| Posted: Mon Jun 01, 2009 7:10 am Post subject: |
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Well, bodily injury liability is an optional coverage in Florida. Therefore, I too agree with the posters above that you need not worry since you carry BI liability too.
Further, as Tcope has mentioned one needs to suffer some sort of permanent injury, disfigurement or death to be able to sue the responsible driver for bodily injury. And, it'd be the responsibility of the claimant to establish it before the fact that his injuries were reasonably of permanent nature.
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coffeeandcaramel
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| Posted: Mon Jun 01, 2009 1:41 pm Post subject: |
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| Quote: | | Further, as Tcope has mentioned one needs to suffer some sort of permanent injury, disfigurement or death to be able to sue the responsible driver for bodily injury. |
Do such lawsuits depend on injuries of varying degrees for different states? Or else how do they distinguish situations wherein they may sue the at-fault party to situations where they may not?
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anonymous00
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| Posted: Mon Jun 01, 2009 1:46 pm Post subject: |
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| Quote: | | Do such lawsuits depend on injuries of varying degrees for different states? Or else how do they distinguish situations wherein they may sue the at-fault party to situations where they may not? |
Statute applies. In the case of states that have PIP or Med Pay, those statues usually state a threshold of when the person can pursue a claim against the at fault party. |
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tcope
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| Posted: Fri Jun 12, 2009 4:18 am Post subject: should I get an atty? |
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"So a person does not need to exhaust their PIP coverage in order to collect under the at-fault parties bodily injury coverage (in FL)... they only need to have some degree of permanency to collect." How does a person collect? I was in an accident where there was another car that was totaled & then they hit me.All of them went to the hospital but I didnt want to join in on that scene, I was so shaken up I couldnt think of anything but getting home. Since then my neck/back have been really hurting & I have gone to a dr. I have severe arthritis (I am 37}& it has really been agrivated by the hit. Friends say Im stupid not to get an atty. Their ins co totaled my car & is offering money for me to sign over the title. I dont know what to do!!! Suggestions?I am in FL & do have ins too.
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branwenz
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| Posted: Fri Jun 12, 2009 7:11 am Post subject: |
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Hi Branwenz,
| Quote: | | Friends say Im stupid not to get an atty. |
I don't know about your friend but getting an atty at the drop of hat isn't always a great idea. Remember that you have to pay a third of your claim to him as fees.
Anyway, I think first you need to contact your insurance. Hope you have PIP coverage, then it would kick-in first.
Florida maintains the severity threshold for the claimant to be able to sue the responsible party and the form of severity would include disfigurement/scar, permanent/temporary disability or death. You need to meet the severity threshold to collect the BI.
Again,
| Quote: | | Their ins co totaled my car & is offering money for me to sign over the title. |
PD and BI are two different claims. Are you satisfied with the offer they have made on your car?
~Jeremy |
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JeremyHolter
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| Posted: Sun Oct 24, 2010 10:06 am Post subject: vehicle flipped twice |
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Husband and I where in an accident where another vehicle pushed us off the road making our vehicle flip twice. our vehicle was a total loss and we both have bi. the other driver was ticketed and at fault. should our ins be the one takin care of all of the cost and or expenses? Should I obtain an atty
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concerned citizen
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| Posted: Sun Oct 24, 2010 10:53 am Post subject: |
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| Quote: | | should our ins be the one takin care of all of the cost and or expenses? |
Depends on what state the accident happened in. Some states have PIP or Med Pay and pay the medical bills (some can seek recovery, other can't).
| Quote: | | Should I obtain an atty |
100% your decision.
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tcope
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| Posted: Sun Oct 24, 2010 7:38 pm Post subject: |
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| Quote: | | should our ins be the one takin care of all of the cost and or expenses? |
As tcope has written, the insurance laws of the state in which the accident occurred will have something to say about this. The fact that your injuries are the result of a third-party's involvement ultimately shifts liability to them.
Outside of the few "no fault" states, although you could submit the claim through your insurance company, it would normally be more appropriate to seek indemnification from the at fault party's insurer first. If they carry low limits of liability, and you have uninsured/underinsured motorist coverage, after you exhaust the at fault party's coverage, you would make a claim against your own policy for the excess loss.
If you handle it in the reverse manner, filing a claim and having it paid by your insurer, and then go the attorney route to attempt to get a judgment against the other party, your insurance company most likely has subrogation rights and can recover from you all it has paid to you or on your behalf, since your own coverage is normally used to cover "first party" liabilities and claims.
Also, when thinking about an attorney, don't forget that your medical insurance (if that's how you've been taking care of your BI losses) also has the same right of subrogation (they are not obligated to pay for your injuries that are caused by a third party) as your auto insurer.
Attorneys, for some reason, often fail to account for this when an insurance company tosses a settlement offer in their direction. They, instead, may be looking out for the quick deposit of their 30%-40% of the settlement check rather than your best interests.
Those of us here who are insurance professionals tend to have a pretty dim view of attorneys when it comes to insurance claims. Most people could argue their own situation with the insurance company and come out with more in their pocket than after an attorney takes that big cut.
On the other hand, if you have tired to seek a resolution to your claim and seem to have run into a block wall, then, as a last resort, we would say go look for an attorney. If an experienced attorney can put together a good case for "insurance bad faith", it can ultimately be worth a lot more money in terms of "punitive" damages against the insurance company, on top of the actual and general damage awards.
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MaxHerr
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| Posted: Fri Mar 04, 2011 3:10 am Post subject: Help pls |
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being sued for a quater-of-a-million for accident that happened couple yrs ago, my fault, guy said on reported he had some neck pain but refused ambulance, settled back then for propery damage, is now suing me for BI, for something like 270,000, i had basic coverage, the person wasn't hit hard, idk how this is even possible? pls help, also am still paying for property damage currently making payments.
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goodriverbaday
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