by Pietschman » Mon Feb 16, 2009 07:04 pm
I WAS INVOLVED IN AN ACCIDENT WHOSE POLICY WAS UNDERINSURED. MY INSURANCE IS A $250,000 POLICY. CAN I SUE MY OWN INSURANCE COMPANY FOR THE BALANCE. I WAS INJURED IN THE ACCIDENT. THE OTHER
DRIVER HAD A $100,000 ONLY.
DRIVER HAD A $100,000 ONLY.
Posted: Mon Feb 16, 2009 10:53 pm Post Subject:
$100,000 sure isn"t chump change but if you are injured severly and its not enough to cover everything you will have the right to go against your own policy if you carry under insurance. First of all you must get a limits offer from the other insurance company before even asking for yours to pay. If they do not pay you the limits of the other persons policy then you will not be able to collect under your own.
Also make sure you let you get permission from your insurance company to settle with the other persons or this could stop you from collecting on yours.
Posted: Tue Feb 17, 2009 12:05 am Post Subject: INSURANCE
MY LAWYER HAS BEEN GOING BACK AND FORTH WITH MY INSURANCE COMPANY ABOUT HOW MUCH THE SETTLEMENT WILL BE. I DID GET ALL OF THE MONEY THE OTHER DRIVER WAS INSURED WITH. BUUT THEY ONLY HAD A $100,00O POLICY AND AFTER THE SETTLEMENT I ONLY GOT $60,000. I FEEL I GOT RIPPED OFF SINCE 2 LAWYERS WANTED THEIR 15%
FIRST.
Posted: Tue Feb 17, 2009 06:51 am Post Subject:
So, they certainly didn't pay you the limits to their policy..in my opinion it would have been better for you to share this problem with the community friends prior to your acceptance of the settlement offer.
Even I didn't get a fair idea of the total worth of your damages! Once you've accepted the offer worth $60,000, it could be difficult for you to even get a pay-out from your under-insurance. Please keep us updated!
Posted: Tue Feb 17, 2009 07:38 am Post Subject:
You have got two lawyers to look after a single claim :shock: The attorneys would definitely seek their fees for settling the claim.
What's the worth of the medical bills? IMO $100,000 is quite a sufficient coverage limit as for the BI liability.
Posted: Tue Feb 17, 2009 07:45 am Post Subject:
While searching for the solution of your query I stumbled upon the following thread of this board. You can read some of the entries on it since it has discussed on a similar situation that of yours. Hope you would find it useful.
ampminsure.org/auto/collecting-uninsured.html
Posted: Tue Sep 08, 2009 09:27 pm Post Subject: curious
last year i was in a car wreck.the guy ran the red light. now i am stuck with permanent memory loss. 2 of the other insurances have said they would pay me their limits. now it goes to mine. there would only be 60,000 left to collect on my insurance. what would be the chances of them offerring me the 60,ooo. and if i wind up going to court can i sue for more.thanks :
Posted: Tue Sep 08, 2009 11:43 pm Post Subject:
what would be the chances of them offerring me the 60,ooo. and if i wind up going to court can i sue for more.
ou should have started a new thread.There is no way to tell you if they will offer the $60,000 as you've mentioned nothing about your injury or the amount already paid by the other carriers. As far as we know, you have $100 in medical expenses and have been paid $50,000. If that were the case I'd say there was not much of a chance of getting paid $60,000 more.
I think you are referring to $60,000 under your under insured motorist bodily injury coverage. If this is the case, $60,000 is an odd amount of coverage. It's usually $25k, $50k, $100k, etc. You won't win a suit against your own carrier if they pay your policy limits. You choose the limits... they are not at fault if this is insufficient.
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