Minor insurance claim

Submitted by Anonymous (not verified) on Mon, 11/26/2007 - 09:51

I was pregnant when I was involved in an auto accident. I was 3 1/2 months pregnant. Lost my job and was on bed rest until the birth of my son. I was forced to settle my case for 20K due to the inability to support myself. I regret the decision but was young and stupid. I was told however that my unborn child's claim would remain open until his 18th birthday. They offered me 20K for his claim after he was born but I declined I was just too stressed out as he was born with complications and had to have surgery, the insurance company pretty much harassed me throughout the pregnancy until I finally said I would not settle since the claim could be open until his 18th birthday. This happened in Texas, before I go back to the insurance company I want to make sure this is true..They already mad me look like an idiot for accepting the 20K for me and I assume they lied to me about my sons case so to avoid total embarrassment could anyone tell me if this is true about the claim being open until his 18th birthday? He is now 14. Warm regards. Mom in Texas.

Posted: 26 Nov 2007 10:49 Post Subject:

Good morning mom in texas, and welcome to the community....

Are you wanting to know, if it's true the statute of limitation doesn't actually start until your boy is 18? If that's the question, I'm sure that is correct...

I checked the Texas dept of insurance and appears 20k is the state min. for BI coverage, more than likely the person that caused your injury only had 20k bodily injury limit on their policy so that is the MOST you could have possibly gotten from that policy (and your son that's why they are offering 20k). Ask them ''is that the policy limit''? If they are paying the limit then they should tell you. If that's the case, then you shouldn't feel bad at all because that is the MOST possible you could get, (from that policy) understand? Now if at the time of the loss you had UIM (under insured motorist coverage) on a policy of your own...Then there was/is some additional coverage (maybe). Only other way to get more than the 20k is to sue the party...More than likley though since their limits are small they are not people of great means....

Sounds (again) to me that they are offering policy limits. Yes, you can wait until your boy is 18 if you'd like, but if they are paying limits, then 20k is all they have to pay now, or later. If you settle prior to his turning 18 more than likley will need court approval (the ins company pays all of the costs incurred on that, and it's no big deal at all).

Please find out and make sure it is the policy limit, and also check on UIM coverage on the vehicle you were in at the time of the accident, or any policy you would've been considered an insured under..

Let us know if we can be of any further assistance to you...

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