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 Posted: Tue Nov 13, 2007 3:38 am Post subject: Hit and Run Driver Racing/Uninsured Motorist Claim |
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| Could someone explain the claim process to me? My car was hit (and totaled) by a hit and run driver. There were several witnesses who stopped and wrote statements for the police. My medical expenses and treatment continue (a year later) and I would like some guidance as to how I can proceed. The statute of limitations is 2 yrs in my state. |
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sprite
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| Posted: Tue Nov 13, 2007 7:16 am Post subject: |
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Hi, I feel, your question is somewhat incomplete. You want guidance for what? To file a claim!! Are you still undergoing treatment? Have you filed any claim for the vehicle yet? Have you already got paid for it?
May be some other member with better understanding will be able to answer you.
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OswaldCA
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| Posted: Tue Nov 13, 2007 7:52 am Post subject: UMPD and UM bodily injury coverage |
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I am supposing that you could not manage any information about the other party. Therefore, need to submit the claim with your own insurer and it will be covered under the uninsured motorist coverage component of the policy.
| Quote: | | My car was hit (and totaled) by a hit and run driver. |
It seems, you have two claims to make- one for the loss of the vehicle and other for the medical expenses. Well, the physical damages of the car will be covered under UMPD. And the compensation will be paid upto the policy limit described in your policy.
| Quote: | | My medical expenses and treatment continue (a year later) |
Your medical expenses will get covered under the uninsured motorists bodily injury part of the UM coverage (if you have it attached with your policy). Otherwise, you may also get the benefits from your health insurance policy.
However, you need to file the claim within the stipulated period of statute of limitation.
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Dazzlingdiamond
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| Posted: Tue Nov 13, 2007 9:04 am Post subject: |
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To file a claim, you first need to evaluate the extent of the damage.
2nd, contact the insurer or the agent and file the claim ASAP. As some other poster has mentioned, you may need to file it under your own policy.
3rd, preserve all the documents related to your medical bills, doctors visits, auto repair quotes (if you have obtained any) and so forth. All these documents are very crucial to measure the worth of the claim.
4th, prepare yourself to deal with the adjuster. Make sure you earn his confidence and co-operation because its something you needed the most.
Hope I was able to help you with the information you were looking for.
Rupert |
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RupertWBradson
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| Posted: Tue Nov 13, 2007 11:57 am Post subject: |
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Hi Sprite, and welcome...
I agree we need some more information from you...have you filed a claim with anyone yet? I sure hope so......Let us know who yours/their company or both, which is what you should've done....
Has one company or the other, looked at your vehicle estimated the damage, concluded it was a total loss and then evaluated it's value and reached an ACV (actual cash value) yet?
We can discuss your injury more once we have some more information from you please. |
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Lori
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| Posted: Tue Nov 13, 2007 1:07 pm Post subject: Additional Info |
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Hi everyone,
Most appreciative of everyone's help
Here goes: the sheriff was not able to idenitfy either driver -- the one that hit me or the one that was racing the car that hit me. Credible witness statements established I was not at fault. I was driving, with permission, a friend's car. My child was a passenger. My friend and I both have the same car insurance company (Geico); at the time of the accident, my friend had one car on his policy, the car I was driving, and I had two cars on my policy. Both of us have the same UI motorist coverage -- 100K/300K. My medpay is 1K and friend's MedPay is 5K.
Geico paid my friend for his car.
Geico paid me and my child MedPay from both policies for a total of $12K.
Child went by ambulance to local hospital and was treated for a cut, bumps, bruises, low blood pressure. Total med bills for child were $9500. Child was offered a settlement of $11300 a few months ago; I accepted it verbally but when the documents arrived, there were math errors, which I corrected and sent to them recently, but have yet to receive a reply.
Our health insurance has paid for some of these bills. Not all, but some.
Our car, when hit by a large SUV at 90 mph, ran into a tree, a fence, flipped 180 degrees, rolled four or five times, and the front axle came off. The sheriff and an accident reconstructionist measured and investigated. They were amazed we survived.
I was airlifted to a trauma center with broken rib, partially collapsed lung, broken collar bones, a dent in my forehead, and contusions; in hospital for 4 days.
Treatment: physical therapy; cortisone shot; surgery for torn tendon in shoulder; one of the fractures did not heal so orthopedic doctor prescribed a bone growth machine to use while in physical therapy (post surgical) and then will re-evaluate in 4 months. Possibility of surgery to fix broken bone with a plate and bone graft; am on meds for pain as needed.
I have limited use of my shoulder (same side as writing side) and pain. Everyday activities are affected.
I missed about a year of work but had been planning to take off the first 4 months so was not employed when this happened. I returned to work on a limited part time basis for the next 7 months. Am now back 3/4ths time. Hard to quantify lost wages as my work is contracted.
At this point, I have 9 months left in statutue of limitations and may not be done treating then. My med bills thus far are about $65000 (my health ins has paid most). I do not have health ins benefits from my work, so I pay monthly premiums of approx $300. I am 53 yrs of age.
My adjuster periodically calls and I email him with updates re my treatment. It makes me nervous to talk to him because I do not know if he is on my side or not. This claim is going under my friend's Uninsured Motorist. The accident happened in Virginia.
I am a single parent with a modest income and cannot afford a lawyer. I do not think I should have to hire a lawyer because all I was doing was going out with my child and this accident happened. My child and I were traumatized by it, as you can imagine.
Please point me in the right direction.
Thank you so much.
sprite |
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sprite
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| Posted: Tue Nov 13, 2007 1:46 pm Post subject: |
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| Quote: | | My child was a passenger. |
OH MY GOSH! Is the baby ok?
| Quote: | | Our health insurance has paid for some of these bills. Not all, but some. |
Most health insurance carriers have a subrogation claus. They may require repayment of what they have paid Sprite, just a fyi...
| Quote: | | At this point, I have 9 months left in statutue of limitations |
Statute of limitations are 'stayed' when a suit is filed. You may have to do this in order to stay(halt) the statute. I am unaware of any other way to stay it in your circumstances. But I'm an adjuster not a lawyer. There are many in other circumstances, if unable to notify, minors etc. There may be a way you (without an attorney) could some how get in front of a Judge to get this stopped.
Virgina apparently allows stacking at least of the med pay per your prior post. Find out if they allow UM stacking as well. The Virgina Dept of Ins will be able to tell you this as well.
| Quote: | | cannot afford a lawyer. |
An attorney takes these types of cases on a contingent basis, meaning they get a percentage of what you collect generally a third if they don't have to go to court, and nothing if there is no settlement. These fees are negotiable. It's just a question you have to ask yourself... do you want to allow an attorney to take a part of your settlement?
| Quote: | | It makes me nervous to talk to him because I do not know if he is on my side or not. |
I understand that, he should be really on no side with a UM claim other than settling it in a fair manner. I think you should ask the adjuster about the statute, and if they can help you with it, perhaps Virgina has a law about this re: not finished treatment or able to settle, maybe there can be a friendly suit (that the ins company would pay for) to stay the statue, I'm not sure. You should also contact Virgina's Dept of Ins. Here are some numbers I found on their web page:
Toll Free Phone (Virginia only): 1-800-552-7945
Toll Free Phone (Nationwide): 1-877-310-6560
BOI Main Phone: 804-371-9741
TDD Phone: 804-371-9206
I think they should be able to tell you the ways to stop the statute...
Let us know what the adjuster says about the statute, it may be necessary for you to get an attorney. There are many attorneys that offer a first visit for free. You might consider this to get information re: this statute and ways/means to stop it...I'm sure whatever attorney you see will want to ''jump on'' this claim...that will be up to you....Whatever you do don't let it run...You are clearly an intelligent woman, and seem very capable of handling this claim by yourself.
Please keep us updated, I'm especially interested in what the adjuster says re: helping stop this statute from running....I'm glad you are mending what a terrible thing to go thru, it is indeed a miracle you all survived.... |
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Lori
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| Posted: Wed Nov 14, 2007 12:27 pm Post subject: |
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Hi,
I called the Dept of Ins. They confirmed the 2 year statute. I am going to call back and ask them for advice. Or am I screwed and need a lawyer?
Is the child's settlement fair? Please comment. Child is MIRACULOUSLY okay.
What sort of settlement is fair for me?
I do not want to drag this out. I do not want to hire an attorney. I have a permanent chronic injury and I want to be able to pay for longterm treatment.
Thank you all so much. |
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sprite
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| Posted: Wed Nov 14, 2007 1:06 pm Post subject: |
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Update. I talked to a man at the Bureau of Ins., Consumer Div. The statutue of limitations is what it is and it cannot be stopped or paused. He was not able to advise me as to if I needed a lawyer or not.
The claims adjustor did not respond to my last two emails (dated Nov 8th), so I emailed him again this morning repeating my question as to which documents he needed and asked if he was still working with the ins co.
I do know that he has not requested medical records since my surgery and doesn't have those papers. The ins division man cautioned that waiting to close to the end of the limitation period was risky since it takes times for the auto ins adjuster to review the records.
Please give me advice. |
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sprite
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| Posted: Wed Nov 14, 2007 1:46 pm Post subject: |
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| Quote: | | Is the child's settlement fair? Please comment. Child is MIRACULOUSLY okay. |
You mean ''was'' right? didn't you say you already settled this? | Quote: | | Child was offered a settlement of $11300 a few months ago; I accepted it |
Was the 11300.00 above the 9k something in bills? Or including the bills? If including the bills I think you've settled this one WAAAAAAAY too low...if above bills then I think you did REALLY good. Please explain that better.
| Quote: | | The statutue of limitations is what it is and it cannot be stopped or paused |
I'm just sure that filing a suit even one day before the statute expires will stop/stay it.
| Quote: | | The claims adjustor did not respond to my last two emails (dated Nov 8th), so I emailed him again this morning repeating my question as to which documents he needed and asked if he was still working with the ins co. |
Wait a minute, is this an independent adjuster you're dealing with? Not an adjuster from the company?
| Quote: | | I do know that he has not requested medical records since my surgery and doesn't have those papers. |
WHAT? Are you sure? How long ago was this, (your surgery and what exactly was the surgery for)?
| Quote: | | The ins division man cautioned that waiting to close to the end of the limitation period was risky since it takes times for the auto ins adjuster to review the records. |
He's right.
Who is the adjuster you are dealing with? Did you say it was Gieco? I can't hardly believe they aren't handling their own UM claims...Let me know about this...and please call them on the phone, stop with the exclusive use of emails...If you can't get the adjuster leave one message, if no response, call back ask for their supervisor....find out where they are re: ready to make an offer of settlement for you and your daughter if you have not already settled this.....man, oh man....Also let us know the full scope of your injury, including additional treatments that may be needed amount thus far (aproximently) in medical expenses, as well as answers to other questions..........
In all states that I am aware the insurance company has to advise you that the statute is about to run out, have you gotten any such notice.... |
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Lori
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| Posted: Wed Nov 14, 2007 8:55 pm Post subject: Responses |
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Hi Lori,
No, I did not settle for Child yet. There were math errors in the petition.
Here is the settlement: Med bills totaled $9350. Ins paid $6K from medpay. Then they offered $11300 to settle. So ins would pay $6K medpay and $11300 bodily injury.
Is that fair? |
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sprite
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| Posted: Wed Nov 14, 2007 9:00 pm Post subject: Adjuster |
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The adjuster works for Geico at Geico. I am sorry that wasn't clear. I asked my surgeon if surgery notes had been requested and they said no.
I am looking at four months on a bone growth machine. I do not know how much the machine costs as well as more PT ($2K). If the bone machine does not heal the fracture, I need surgery to plate it with a bone graft and plate. That surgery could be $40K.
At the moment, bills are $65K. Virginia has an anti subrogration law re medical pills paid by health ins.
I lost wages, I live far from med providers, and I have limited and painful use of my shoulder due to a broken bone. My surgery was 2 mos ago to repair a tendon torn in the accident. The first ortho surgeon I went to did not diagnose it properly and it was not found until 11 mos after the accident.
What is a fair settlement for me.
Thanks.
sprite |
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sprite
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| Posted: Wed Nov 14, 2007 11:44 pm Post subject: |
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| Sprite I'm going to think on this tonight and answer you in the morning ok? |
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Lori
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| Posted: Thu Nov 15, 2007 3:11 am Post subject: More |
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Hello all,
I talked to an attorney from a firm that deals with personal injury. He explained to me about stacking coverages and intrapolicy stacking (only allowed for medpay) and said that in a case like this, his fee would be 5 to 10%. I thanked him for his time and will think about whether or not I need an attorney. In my state, stacking is allowed, so that my UM policy as well as the car's owner's UM policy can be claimed against. If I understood him correctly, the fact that it was hit and run, with witnesses, and I was not a fault, makes it easier. |
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sprite
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| Posted: Thu Nov 15, 2007 8:53 am Post subject: |
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| Quote: | | I talked to an attorney from a firm that deals with personal injury. He explained to me about stacking coverages and intrapolicy stacking (only allowed for medpay) and said that in a case like this, his fee would be 5 to 10%. I thanked him for his time and will think about whether or not I need an attorney. In my state, stacking is allowed, so that my UM policy as well as the car's owner's UM policy can be claimed against. If I understood him correctly, the fact that it was hit and run, with witnesses, and I was not a fault, makes it easier |
Atlast you were able to clear your doubts from the attorney! |
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yedhulaprakash
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