Hit and Run Driver Racing/Uninsured Motorist Claim

Message Author
ampm-bookmark
delicious-small Add to del.icio.us
yahoomyweb-small Add to YahooMyWeb
simpy-small Add to Simpy
blinklist-small Add to BlinkList
PostPosted: Thu Dec 27, 2007 9:18 am   Post subject:   

Quote:
Lori, I see what you mean by the ins co wanting to close the claim; in my case, the uninsured motorist coverage from my policy and from my friend's policy are the only coverage available since the driver of the car that hit me was never found.
I know doesn't matter they will still want these claims GONE...

Have they got all of your medical bills yet Sprite? How is the ''baby''? (they are always babie to me Rolling Eyes )

_________________
"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.
Lori
Moderator
Leave a quick message

Lori
Joined: 10 Sep 2007
Posts: 8173

Location: Missouri
287.90 Dollars($)

PostPosted: Thu Dec 27, 2007 6:05 pm   Post subject: Hello!  

Lori,
My little one was scared by the accident, but otherwise, is fine, thank goodness. Whenever I passed the site of the accident, I just shudder and thank God for sparing us.
I just sent a list of ALL of my dates of treatment and providers AND an updated HIPPA form to the adjuster.
I do not know how GEICO will account fo rmy lost wages.

Spite

_________________
Register Now to have your Insurance queries solved.
Sprite Again
Guest






PostPosted: Thu Dec 27, 2007 6:14 pm   Post subject:   

Lori, do they have a standard way of calculating wage loss? I am sure this part will not be hard for them to do sprite.

As time passes, passing the site will get easier, hopefully anyway. I hope things get easier for your child too, they are so resiliant and bounce back quicker than we do, physically and mentally.
goodnatured
Senior member
Leave a quick message


Joined: 04 Nov 2007
Posts: 1213


0.07 Dollars($)

PostPosted: Fri Dec 28, 2007 10:35 am   Post subject:   

Quote:
Lori, do they have a standard way of calculating wage loss? I am sure this part will not be hard for them to do sprite
. Yep, your actual lost wages...They should've (or will) have you fill out a form giving your (previous if I remember correctly) employer your authority to release your information (ie what you make an hour/month however you're paid and how much time you missed), they will also (eventually) request a report from all your docs, which will say, 'we kept sprite off work ''blank'' amount of days due to her injury suffered in this accident'...Now, (without me reading the entire thread again) didn't you say you had to quit your job, or something due to the injury Sprite? or am I confusing this with another thread? If so, (and I think I'm remembering correctly) I think you were permanetly disabled due to the accident as well (as far as your job is concerned) so they will have to come up with a figure for that...Frankly I think there are sooooo many 'specials" (actual bills) that they are just going to get all the info together and request (from superiors) to pay/offer policy limits.....
_________________
"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.
Lori
Moderator
Leave a quick message

Lori
Joined: 10 Sep 2007
Posts: 8173

Location: Missouri
287.90 Dollars($)

PostPosted: Fri Dec 28, 2007 8:01 pm   Post subject:   

Sprite,
I really hope that you can so day be painfree, I know with my back it still acts up in the goofy weather, I am having trouble with it now, for about 2 weeks now. If it is a joint injury, it will probably haunt you for the rest of your life.
goodnatured
Senior member
Leave a quick message


Joined: 04 Nov 2007
Posts: 1213


0.07 Dollars($)

PostPosted: Sun Jun 29, 2008 3:17 am   Post subject: Update  

Hello Lori and everybody,

I still need help with this claim. My first question is, is there a time limit for my claim with the insurance co? I mean, I filed the claim with them; if they do not pay by a certain time, does that mean they do not have to? It seems like that would not happen due to the insurance policy and their arrangement of accepting money for a policy but I do not know.

The update is that it is almost two years from my accident. Adjuster #1 representing the owner of the car offered me policy limits but I have yet to receive any follow up paperwork; MY adjustor, for my policy, told me that she wants to receive ALL of the bills before offering a settlement. And was waiting for the results of a special x ray that would show whether the bone was fractured (it did show that it was). I hope she receives these reports this week.
However, as a result of the special x ray taken this month, I went to see my doctor's colleague who was giving me a steroid shot for "trigger points" (from my injury) and I passed out cold; his nurse called 911; long story short, I was transported to the ER where they did some tests to see why I fainted (no reason really!), but that probably wracked up 3 or 4K MORE in bills.
It is clear to me that there is no sure cure for my injury. My surgeon said the surgery has risks. Pain control is my best bet right now.
HOWEVER, I have many outstanding medical bills because my health insurance does not pay for everything (at all!); if the ins company does not settle soon, what do I do? What if they won't pay? They have not said they will not pay -- they have said they want all bills to come in.
At this point, the med bills are about 75K and lost wages are 28K. I will need future medical care for pain and physical therapy.
I talked to the adjustor and she just said she needed the x ray results to settle.
WHAT TO DO?
THANKS

Sprite

_________________
Register Now to have your Insurance queries solved.
spriteAgain
Guest






PostPosted: Sun Jun 29, 2008 3:19 am   Post subject: sorry -- forgot my log in info  

Anyway, I seem to have the only ins co that does NOT want the claim to be gone!

sprite
sprite
New member
Leave a quick message


Joined: 13 Nov 2007
Posts: 14


8.57 Dollars($)

PostPosted: Sun Jun 29, 2008 12:09 pm   Post subject:   

Hi Sprite welcome back! There is in every state a statute of limitations ask your adjuster what your states statute of limitation is, they HAVE to tell you, most (all that I know of) states have to advise you ahead of time before the statute runs but I wouldn't depend on that...ask them..

Quote:
if the ins company does not settle soon, what do I do?
If the claimant carrier offered policy limits then call them back and see what's the hold up...Call your adjuster for the UIM claim and ask them what's the hold up here...and tell her about the additional bills..tell your adjuster that the claimant carrier has offered policy limits and what does he/she (your adjuster) need from them if anything (maybe a letter saying they paid policy limit)...basically just stick your foot in their rearends alittle..get t his claim moving again.
Quote:
What if they won't pay
they'll pay......
Quote:
Anyway, I seem to have the only ins co that does NOT want the claim to be gone!
Rolling Eyes ain't that just the way...sprite remind me please what are the policy limits from the other carrier and what are your UIM limits? If I remember you have about 200k available? Again get on your adjuster ask if they need anything before you accept policy limits from the other carrier...then call the other adjuster ask them where you can pick up the draft....then tell your adjuster the same....or ask what else do you need to also pay my policy limits, I want to get this over and done with......
_________________
"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.
Lori
Moderator
Leave a quick message

Lori
Joined: 10 Sep 2007
Posts: 8173

Location: Missouri
287.90 Dollars($)

PostPosted: Sun Jun 29, 2008 2:51 pm   Post subject: Policy limits  

Lori,

Just to review, first off, is the statute of limitations the end of the law suit filing period or is it the end of everything and the ins company does not have to pay if they don't pay by the two year period?

As for the claim: as you recall, I was driving my friend's car; my friend and I, by chance, both have the same ins co. The claim went to her policy and that adjustor offered policy limits, then it went to my policy with a new adjustor, and this adjustor said it might be settled by the two year date but she could not guarantee it.

I sense she was waiting for the x ray report as that does change the prognosis, and I just do not understand why they don't settle and close the claim. I wrote and demanded policy limits and they said they wanted to be sure they had ALL of the bills. With the fiasco last week in the ER, that is another set of bills -- including a radiologist and a cardiologist! --. My adjustor is not very friendly. I called the Bureau of Insurance in my state and they basically told me that if the company does not settle and pay by the two year date that they do not have to ever pay.

I negotiated to 100K on my own and this is MY policy for which I have paid policy for YEARS, so WHY do I have to hire a lawyer to sue them?????

HELLO??? That makes NO SENSE. If I have to sue them, shouldn't it be for breach of contract?????

Lori, I am waiting for your good advice.

sprite

PS My injury has become worse, not better!
sprite
New member
Leave a quick message


Joined: 13 Nov 2007
Posts: 14


8.57 Dollars($)

PostPosted: Sun Jun 29, 2008 2:52 pm   Post subject: UIM Coverage  

Friend has 100K per person 300K per occurrence

and so do I.

But I had two cars on my policy at the time, which makes me wonder if there is 200K in coverage on my policy, and not 100K.

Your thoughts?
sprite
New member
Leave a quick message


Joined: 13 Nov 2007
Posts: 14


8.57 Dollars($)

PostPosted: Sun Jun 29, 2008 2:54 pm   Post subject: Health care costs  

And, I pay 5000 a year, after taxes, for health insurance, and it does not cover all of my treatments; some of the bills for my treatment are so high that I have not been able to pay them yet. I need the settlement to pay the doctors and hospitals and such.
Grrrrr.
sprite
New member
Leave a quick message


Joined: 13 Nov 2007
Posts: 14


8.57 Dollars($)

PostPosted: Mon Jun 30, 2008 10:50 am   Post subject:   

Quote:
as that does change the prognosis, and I just do not understand why they don't settle and close the claim.
I understand her point there, if the prognosis changes the value of the claim can change (maybe drastically) up or down...
Quote:
I called the Bureau of Insurance in my state and they basically told me that if the company does not settle and pay by the two year date that they do not have to ever pay.
That's true, but there are things (such as filing suit) that will 'stay' or in effect stop the statute, if a suit is filed prior to the statute running then it's moot.
Quote:
I negotiated to 100K on my own and this is MY policy for which I have paid policy for YEARS, so WHY do I have to hire a lawyer to sue them?????
Well, you shouldn't ''have'' to. You nego. to 100k with your policy for the UIM? But that isn't (or is it?) your UIM policy limit?
I don't understand if you have already been offered policy limit on the first/primary coverage why they haven't issued that payment? What is reason behind that? How long will it take to get the xray information to the adjuster? Call the adjuster ask when and from whom she requested the information, then call that entity and ask if they have sent it, (if they have call your adjuster back and tell her 'you got it last week' or whatever). If you stay right smack dab in the middle of this, and run between them all you should be able to get this information she needs quicker...
Quote:
HELLO??? That makes NO SENSE. If I have to sue them, shouldn't it be for breach of contract?????
Well, that depends, it more than likely might be bad faith, or just to stop the statute. Or even for the amount of the injury...
Quote:
Lori, I am waiting for your good advice.
I'm trying....... Sad
Quote:
But I had two cars on my policy at the time, which makes me wonder if there is 200K in coverage on my policy, and not 100K. Your thoughts?
Have we ascertained if your state allows stacking of UIM? Didn't an attorney tell you it did? Ask the adjuster or look at your policy or even your states Dept of Ins site, and see..."IF" stacking of UIM is allowed then yes, you have 200k limit rather than 100k...(I'm sorry Embarassed I forgotten this part, after this post I'll back up and re-read everything but), Did your friend have more than one vehicle? The 100k on HER policy was for UM right? If your state allows UIM stacking it will likely allow UM stacking as well. So first if friend has more than one vehicle we need to address that....
Quote:
I have not been able to pay them yet. I need the settlement to pay the doctors and hospitals and such
They should've already filed leins against your settlement have they?

OK, here's what I think you need to do..first and foremost, find out if UM and UIM is stackable in your state. ''ASSUMING'' your friend only had one car...call that adjuster and ask 'where is my money' (basically)...tell them you accepted their policy limit offer (and the date) and want to know where it is? If they are local go by the branch sign the release and pick up the draft...Ask to see (if in person) the UIM adjuster tell them (if stackable) you want 200k to settle this claim, lets get this over with what does she need EXACTLY to pay this amount....Get all your ducks lined up and then go.......

_________________
"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.
Lori
Moderator
Leave a quick message

Lori
Joined: 10 Sep 2007
Posts: 8173

Location: Missouri
287.90 Dollars($)

PostPosted: Mon Jun 30, 2008 9:46 pm   Post subject: from sprite  

Lori,
Whew, my brain hurts. I called the Bureau of Consumer Ins this morning and they confirmed that yes, if the statute of limitations run out that, technically, Geico does not have to pay me a thing. The original adjuster did not answer my 6-23 email nor one I sent this morning, so I decided that to be pro-active and get my butt to the attorney today. We discussed what to do. Like you, he is not sure about the stacking; he advised me, like you, to ascertain what they are. And then a suit can be filed against the hit and run driver, not against Geico. So the answer for my own peace of mind is the advice you already gave me a few months ago, to seek an attorney. I was reluctant to do so because of the fees involved, but actually his interpretation of the coverage and the policy is such that the total policy limits are more than I assumed.
I will keep all of posted and again, Lori, I appreciate your quick, thoughtful responses!

sprite
sprite
New member
Leave a quick message


Joined: 13 Nov 2007
Posts: 14


8.57 Dollars($)

PostPosted: Mon Jun 30, 2008 11:52 pm   Post subject:   

Quote:
, Lori, I appreciate your quick, thoughtful responses!

Our pleasure, plz keep us updated...(I hate when an OP just falls off the planet and we never hear the 'happy endings' Wink )...also hope you get to feeling better soon, I'm sure once this is settled the stress level will drop dramitcally, that adds to an already hurtin' body..I know THAT from experience...

_________________
"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.
Lori
Moderator
Leave a quick message

Lori
Joined: 10 Sep 2007
Posts: 8173

Location: Missouri
287.90 Dollars($)

PostPosted: Mon Jul 21, 2008 6:52 pm   Post subject: More  

Hi Lori and all,
I wanted to update you, and I hope others can learn from my case. This was a hit and run, as you recall. I am blessed because two people stopped and were witnesses. As it happens, I did not have to file suit. My company gave me the policy limits from each policy because there is no end in sight to my problem (they said) and due to the major injuries.

If you are in an accident, you need to document all of your treatment. Remember that. And remember that my significant injury did not show up for a year because the first three doctors missed it.

Now my question is, they offered a structured settlement or a lump sum. What are your thoughts on this? I do not have very many tax deductions, and structured settlements are tax free. I do not know much else.

Thanks
sprite

_________________
Register Now to have your Insurance queries solved.
SpriteAgain!
Guest






Quick Reply
Your Name
Subject
Message body
All times are GMT
 Previous  1, 2, 3, 4  Next  
Page 3 of 4


Get Free Insurance Quote
*State:
*Insurance type:

Ask Community Experts

flash plugin

Quick Links
Must See
Community
Insurance on Facebook
Hot topics in forums

Latest in blogs



Page loaded in 0.352 seconds.