Posted: Fri Jul 04, 2008 8:06 pm Post subject: loss of index finger on right hand
My boyfriend and i were in car accident recently. I was the driver and fell asleep behind the wheel, we rolled four times and he lost a finger on his right hand and his work requires him to use that hand. Since he was the passenger in a single car accident what are the steps to getting this settled and if there's a limit on the insurance, and treatment and pain and suffering exceed it what can we do since he can't really sue me. The car we wrecked was owned by my father and i'm not sure what we need to do. Any advice? Any idea what to expect from a settlement? _________________ Register Now to have your Insurance queries solved.
He can't sue you? Oh yes he can! It's the same as if he were in another car, you hit him and caused him an injury. Depending on the state where the accident happened, your BF has a right of recovery against either you, your father, or both.
Your negligence caused an injury to your BF. You are liable for his loss. Depending on the state where the accident happened, your BF can file a bodily injury claim either against your insurance policy, your fathers insurance policy or both (if your covered under two difference policies).
You need to report the accident to both of your carriers, if they are different so that that/those carrier(s) can look into the matter. As mentioned, it's the bodily injury portion of your policy that will react, so you can take a look at those limits. Depending on the state where the accident happened, your BF might have PIP coverage either from his own policy, from someone related to him that he lives with or from your policy.
When I say that your BF has a right to file suit against you, I say this only to point out that you were negligence in the operation of the vehicle, that negligence caused him injury so he does have a legal right to collect from you. It's this right that makes your policy react in providing you a defense and your carrier will attempt to settle the loss with your BF. If he could not file suit against you, your policy would not need to provide you protection in the form of a payment to him. Will he actually file suit against you? Perhaps only if he feels your carriers offer is less then your policy limits and not a fair offer. But also you carrier is behind the 8-ball in that you are not a favorable witness to them. So they are probably going to be willing to through a lot of money at this situation.
My recommendation to your BF... find out what your policy limits are before he seeks representation by an attorney. If your limits are $50k or less, your carrier will probably just offer this to him. If he has an attorney handle this, the attorney will then take 33% of that $50k.
You have caused the loss to the boy. So oblige to your moral and pay him for the loss. And even you have to pay the claim out-of-pocket, you shouldn't complain. _________________ Register Now to have your Insurance queries solved.
Hi andie, be pro-active and report the incident to your insurer. The damages to the car might get covered by your father's insurer, if you are a covered driver under his policy.
Tcope is right in saying that your boyfriend may have the opportunity to sue you for the damages and being pro-active will save both the parties a lot of hassles.
Take care and god bless!! _________________ Register Now to have your Insurance queries solved.
Posted: Sat Jul 05, 2008 9:06 pm Post subject: explanation
I meant he can't sue me b/c i live in the same house with him and he wouldn't. i'm talking about insurance only. we own the same house so he can't really sue me and get anything nor would he want to. we've already turned it into insurance but we're trying to figure out the next step. _________________ Register Now to have your Insurance queries solved.
I meant he can't sue me b/c i live in the same house with him and he wouldn't.
Yeah, well my son didn't think his fiance' would get an attorney when he was the driver (and at fault), in an accident that she really didn't get hurt at all in, but SOMEHOW her parents convinced her it would be the 'right' thing to do...oh, also not to let us or our son know about it, till I found out when I called the adjuster to see if the claim was closed or not...so honey, don't count your chickens...the smell of money does crazy stuff to people...(and yes, he eventually dumped her and has been married to another girl three years, and expecting their second child...you just can't get that kind of broken trust back.. )....
All we want to get across is he CAN...sue you...PERIOD....as to the insurance then what you need to do is see what your BI policy limit is...if he ain't gonnna sue you then he will accept that limit and no more...will your rates hit the sky, yep more than likely but hey, his settlement will make up the difference..so that's it...but now that you bring up the fact that he and you share a residence...some policys and states barr recover on BI to a house hold member...much like spousal ammunity...so he 'could' be totally out of luck, if your policy or state disallows this for the obvious collusion possibity. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Let me paint a picture... your policy limits are $100k and your insurance company offers him $20k for some reason. He does not agree. You really think he (or his attorney) is not going to _file_ suit? Filing a suit is not only done to obtain a judgement... it's also done so that the insurance company pays all they can.
Though I see what you are saying... you don't think he'd have anything to gain from you personally if he filed suit.
P.S. Owning a home with a boyfriend... not a good move financially. But that is not why your posting here. But I'm bias... I've been convinced there is no such thing as true love.
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