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 Posted: Wed Mar 19, 2008 10:20 pm Post subject: |
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| Good to hear you are meeting with your lawyer. Maybe you could write down a list of questions that you will want to ask. This will give you time to think about what you want to get answers to. Sometimes there is so much on your mind that you can forget to ask questions. This way if you have a list you won't walk away and then remember something important. Please keep us posted. Good luck. |
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fireyone
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| Posted: Thu Mar 20, 2008 10:47 am Post subject: |
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great verbel please do i'd like to hear the attorneys answers, so I'll know (re: your state anyway) next time!
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Thu Mar 20, 2008 9:58 pm Post subject: |
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This is only a guess, but with BI limits of 25K this suit was filed for one of two reasons. First, the claimant's attorney is demanding policy limits for an injury that is worth well less then that or as Lori stated they want to go after the under insured motorist coverage. I could be wrong, but I would assume that if the injury was worth policy limits that the attorney could have settled with your carrier and then persued the under insured coverage. If I am correct, then this would seem to be a money grab by the attorney and the carrier is not going to pay policy limits on a claim that is not worth it. So the attorney does not have a choice and has to file to protect the statute.
As for the demand, I don't think I've read a suit that didn't have phrases like the following:
So and so has suffered permanent debilitating injuries …. Loss of income, loss of consortium, pain and suffering, joy of life, blah, blah, blah… and on and on. ....damages are in excess of 25, 50, 100K (I never see it less then 25K). Most suits that I have read with objective injuries (broken bones) usually state the injuries in the suit. If they are subjective injuries (something that does not show up on an x-ray or scan (soft tissue) usually has the verbage that you received. No attorney is going to put in writing that his client suffered greatly from a sore neck.
I'm with Lori, follow the advice of the attorney supplied to you but stay involved. Because although most attorneys are not going to go after individuals you need to be aware if this thing would go above limits. |
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Dasfuk
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| Posted: Thu Mar 20, 2008 11:43 pm Post subject: |
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great post Dasfuk, it seems that somewhere back in the anals of my old mind there is a state or two that require an excess judgement in order to get to the UIM....familar to anyone? 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Fri Mar 21, 2008 1:00 am Post subject: |
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Yes it would require a judgement in excess of the BI limits. The judgement is the amount the person can collect from the at fault party. No more. If the judgement was for $25k and the BI paid this... that is it. If the judgement is for $30k. The BI would pay the $25k and the UM carrier would be on the hook for the remaining $5k, per their agreement in the policy.
But a _judgment_ is not _needed_ to collect UM if that is what you mean. I've had main claims where the BI carrier offered their limit so I need to then address the claim under the injured person's UM coverage. It's settled just like a BI claim. I've had a few cases where the settlement was not worth the BI limits but they were offered anyway (might as well kick in that extra $5k or $10k and just be done with it. It's hard to deny a UM payment when the BI carrier has paid their limits. In those cases I kick in $5k or so just to get a release. |
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tcope
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| Posted: Fri Mar 21, 2008 9:48 am Post subject: |
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| Quote: | | But a _judgment_ is not _needed_ to collect UM if that is what you mean. |
You mean UIM right? Yeah, I know a judgment isn't normally required, what I meant was somewhere in the back of my head I'm remembering that there is/was a state (or two) that did require an excess judgement in order to collect under UIM...(even a friendly suit)....I could be all wet, or the law could've changed....(in that/those states)...I'll do a little research to see if I can find it....again this could be all wrong...just something 'naggin' back there... 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun Mar 30, 2008 11:16 am Post subject: |
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Deb in Colorado
your post has been moved here (new thread)
http://www.ampminsure.org/claims/about4580.html
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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