High limits, Time limits, Pain and Suffering

by Marbleann » Mon Apr 20, 2009 08:36 pm

I live in Texas and was in a hit and run accident so it seems that I entitled to Uninsured motorist bodily injury. My bills are in excess of 190,000 dollars my health insurance is paying it except the PIP. So when they offer me a settlement what should I be looking for? And what exactly is high limits?

Also I understand Bodily injury includes pain and suffering. I had a compound ankle fracture and fracture of right hand. I am still in therapy and I am doing very well but those two injuries will probably bother me for the rest of my life and that is what my doctors and therapists say.. I am retired so I am not losing any wages. So does that mean they are not just looking at the bills but that also? How do I put a number amount on pain and suffering?

The next question is after you give the insurance company all of your bills how long do they have to offer a settlement? Can they prolong it?. They are already giving me a hard way. I know I gave them my consent for med records 2 times and today when I called they said they can't find it. So I am thinking they starting to play games. I find the people here to very helpful so thanks in advance

Total Comments: 15

Posted: Tue Apr 21, 2009 10:28 pm Post Subject:

yes, it does

Posted: Wed Apr 22, 2009 04:51 am Post Subject:

Fact is I never even thought I had anything coming to me. But believe me I will get a lawyer for the pain and suffering. Suppose the insurance just says it is pain and suffering the are covering how could my health insurance recover for that? I heard that most of the time they don't bother. My auto insurance said they have not been looking for any money so far.

Posted: Wed Apr 22, 2009 11:13 am Post Subject:

But believe me I will get a lawyer for the pain and suffering.

I don't think you should do that right away, from what you have posted I wouldn't think you are going to have any trouble at all getting your UMBI limits (which is the most you can get) why give up a third of that to an attorney? IMO you ought to be able to settle this yourself...now if you want to sue the uninsured guy that hit you on top of what you get from your UM settlement you'll need an attorney, (or can file in small claims I think your state has a 10k limit)...but you may have trouble getting an attorney to sue this guy, unless he is independently wealthy..which of course is doubtful...

Suppose the insurance just says it is pain and suffering the are covering how could my health insurance recover for that?

Its' a lein against any and all settlements so it doesn't matter..

I heard that most of the time they don't bother. My auto insurance said they have not been looking for any money so far.

That great news! Hopefully it will stay that way, you can bet your health carrier knows (since first day of treatment) that this was an auto accident...did they send you a form letter asking if there was other insurance available to you on this injury?

Posted: Wed Apr 22, 2009 05:47 pm Post Subject:

Thanks for your help. I never sued anybody before and sure would hate to start doing that now. My best friend is a lawyer and he told me before I sign anything fax it to him and he will have someone in his firm that deals with this type of thing to look it over, he is in NY. That is as far as me getting a lawyer is. lol

I am sure my health insurance knows about my auto coverage because of the PIP. They knew that they weren't going to touch a bill until I reached that limit. Also my ignorance has made me ask various questions to to my health insurance company so they know all about my auto insurance. My case worker especially knows everything. But I will say this as of today they have not gotten a hold of my auto insurance company I asked today when I inquired if they received a fax. This accident happened back in November so it has been a few months.

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