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 Posted: Thu Apr 17, 2008 11:42 am Post subject: What can a person use their own under insurance for? |
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| A while ago I was in an accident and just found out the people did not have much insurance. I have lost wages, atty fees and future medical costs (lifetime med. costs). What can I access my own underinsurance on my policy for. I am not too worried about med. in the near future because my hausband has pretty good coverage. What about the atty. and pain and suffering. I don't want to sound like a money hog but once I pay the atty and recover my lost wages that doesn't leave much od an award for a lifetime of lim itations and pain. |
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shawna_hottie_2006
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| Posted: Thu Apr 17, 2008 9:09 pm Post subject: |
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You would need to have Uninsured Motorist Bodily Injury to address your loss. You should probably discuss this with your attorney.
As far as your last statement, no it does not. No way to sugar coat it. Your attorney could file a lien against the at fault party but your carrier would have a right of recovery for this amount against the other party as well. |
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tcope
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| Posted: Fri Apr 18, 2008 5:27 am Post subject: |
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| Quote: | | I am not too worried about med. in the near future because my hausband has pretty good coverage. |
Do you both jointly form the insured to this policy? Did your husband share the same fate?
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PalasAthena
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| Posted: Fri Apr 18, 2008 5:43 am Post subject: |
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Hi tcope,
| Quote: | | Your attorney could file a lien against the at fault party but your carrier would have a right of recovery for this amount against the other party as well. |
This was not quite clear to me...could you explain whether I got it correctly!
Did you mean that the carrier would have the right to recover this amount for the initial poster? (Becoz it seems evident that she is not the party at-fault). Please explain!
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Barbieodle
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| Posted: Fri Apr 18, 2008 9:22 am Post subject: |
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What state? You would have to exhaust your PIP or it would need to be clear that you would exhaust your PIP and would need additional coverage.
If you have an attorney, these would be questions that I would ask him. Is the insurance company not cooperating? What were the reasons you got an attorney in the first place? |
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InsuraJob
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| Posted: Fri Apr 18, 2008 9:26 am Post subject: |
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Also, is the person at fault's company paying you BI from their insured's policy? You would need to get them to pay limits to you before your UnderInsured would kick in or your company could pay you and then try to subrogate it back.
There's a lot of things that would make it easier to answer your questions if you provided them. |
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InsuraJob
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| Posted: Fri Apr 18, 2008 10:29 am Post subject: |
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My husband was not with me in the wreck. I meant his personal health insurance. It would kick in after my auto med. ins. was used up. I have spoken to them about this matter because I was concerned. Also I am not sure what a PIP is. My state is PA. The insurance company I haven't spoken to myself. I have an atty. but they don't seem to be answering my questions. All I keep hearing is "Let us wait and see". Well it isn't their health or their future. they keep putting me off when I ask about settling this claim it is always "After this treatment" or "lets just see what happens with treatment...we have two years and it hasn't been 1 year yet".
Yes I keep asking and expressing I finacially can't wait that long but I never get another answer. I have no clue what the other persons limits was. I am new to all this and so confused. This is also why I got an atty since I don't understand the insurance world or the terminology they use. That is why I didn't know what PIP was. |
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shawna_hottie_2006
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| Posted: Fri Apr 18, 2008 10:30 am Post subject: |
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I don't think your UIM will kick in at all on this claim if I am understanding this part correctly.... | Quote: | | but once I pay the atty and recover my lost wages that doesn't leave much od an award for a lifetime of lim itations and pain. |
Unless your attorney settled your claim for the other parties 'limits'...you have no UIM claim at all..... | Quote: | | You would have to exhaust your PIP or it would need to be clear that you would exhaust your PIP and would need additional coverage. |
All states aren't PIP states remember... 
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Lori
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| Posted: Fri Apr 18, 2008 11:42 am Post subject: |
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First, you are _paying_ your attorney to handle this matter for you... he/she should have all of these answers for you. Second, if you have an attorney, the other carrier should not be speaking to you directly at all on this matter. Your attorney would have sent them a letter to this affect.
I can try to clear up a few points... the other carrier will eventually make a settlement offer. In order for that amount to be paid you will need to sign a release. The release states that you will accept that amount and never collect a dime more. You state that you will need treatment the rest of your life (I think this might not be known for sure at this time) but do you know exactly what your future medical bills are going to be? Everyone needs to have a _very_ good understanding of this before an offer of settlement can be made. That is why the other carrier needs to wait. I'm sure if you wanted an amount from them now, they would give you an amount... but it would be very low and not enough to address the uncertain amount of treatment you may have in the future. The other complication to this is that your attorney is looking to earn as much money as he/she can. This amount is 1/3 of your settlement. So the more bills you incur before settlement, the more money he/she makes. In the meantime, the claim is not costing the attorney anything. So why should the attorney try to settle now for a lower amount. That is one way to look at it. The other is that the attorney is trying to earn you the most amount of money and the longer you treat before settlement, the higher the settlement will probably be. For example, how do you know that something else won't be found or go wrong in the near future and cause you to need even more treatment? The longer you wait, the less likely that something like this will happen.
Your health insurance should pick up any medical expenses that your own carrier is not paying. Granted, your health insurance company will want to be paid back once you settle but the other carriers offer should include that amount. Again, you should have your attorney explain all of this information to you as _that_ is why you are paying him/her 1/3 of your settlement.
I reviewed PA no-fault laws and they are a little confusing. They changed on 1990 and it appears that PIP (No-fault coverage) _might_ be mandatory up to $10k... but I'm not clear on the issue. It also appears that you can limit your right to sue the at fault party in return for a lower premium. OP, you really just need to have a conversation with your attorney about your coverage and how everything will work out in your case. |
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tcope
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| Posted: Fri Apr 18, 2008 12:08 pm Post subject: |
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| Think carefully before signing a full release of claim. |
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InsuraJob
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| Posted: Fri Apr 18, 2008 2:01 pm Post subject: |
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I wish my atty would get on the phone so I could ask him some questions. I always ask for him but some lady gets on the phone and talks to me. She answers some questions and the ones she doesn't have answers to she says she will find out and get back to me. This isn't always the case. I didn't even know what PIP was...it was never explained to me. The lifetime medical comes from crps..that is what my doctors tell me I have. They say it is common in accident victims and usually worsen over time. I can not bend my wrist very much without pain and it is always swollen. this accident happened last April. He says there is always going to be some treatment since it doesn't go away.
I guess my worry here is that in my state you can have as low as $15,000 in coverage. you state that the atty. gets a third. that much they have told me. So that gives them $5 000 , my lost wages will eat up most of the rest. So does that mean I am left with almost nothing for pain and suffering? I am not saying that is what she had> I am just thinking worst case senerio. I don't speak with the other ins. company at all. Mine just doesn't get me anywhere. They say they may never know how much the other person had. This worst case scenario is what had me wondering about my own underinsurance. If I can't access it after not getting enough from the other company then I can't understand why I pay for it. I also read somewhere on the net that if I can access it they will deduct the medical I used from my policy off of it.
I know I pay an atty but I just ain't getting any answers. Recently they did tell me they may go ahead and start requesting all my records and forward them to other company. The lady I spoke to says they reviewed everything and feel they have m ore than enough. So I am thinking it is almost time for them to settle this. Another reason I am asking these questions. I guess this all wouldn't matter as much if I weren't drowning in debt becasue of lost work and since returning I am having a lot of problems. I went back on my own accord two months ago but the doc put me on limitations. No lifting with that wrist but i can use it along with the other as long as it isn't over 10 lbs. Not much to work with. Thanks |
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shawna_hottie_2006
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| Posted: Fri Apr 18, 2008 3:09 pm Post subject: |
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First off let me say I feel for you. I also was involved in a car wreck and have RSD...pretty much the same thing as crps...just another name. It is very hard to live with and you always have some type of pain. I returned to work about two weeks ago and had to take today off a least one day a week because of pain. But I am trying. Next give this atty. a call and DEMAND some answers. T-scope is right here you are paying them. I had to start demanding answers cause I was getting the same kind of lines.
I feel for your worries on the other persons coverage..it is one I worry about also. I have NEVER been a vengful person but after the pain I am always in and not being able to do things like I use to I find myself very angry at times. I was even getting depressed because I thought I could handle work better than I am. All I can say is hang in there and give your self credit for what you can do. You have to chose your battles carefully. Only chose the ones you can win and that are importtant. Don't waste your time with what ifs and I can'ts. I myself do not get the whole PIP thing and my atty. never really explained it in terms I understood so I just figured whatever will be will be. You may think this is falling to defeat but this comes back to chosing your battles. Whatever it is I can't change so I am not gonna worry in exces about ikt. Yes I wish I understood but I don't and that is why I have an atty. Hopefully the other insured person had decent coverage. I don't know but I also know if they didn't there is really nothing I can do. I'm gonna keep checking back and posting since this subject also effects me. Good Luck. |
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fireyone
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| Posted: Fri Apr 18, 2008 9:38 pm Post subject: |
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| The only way I found out what the other person had was a friend of a friend. As far as I know she is telling the trruth. I didn't disclose any of this to my atty. This whole thing just stinks cause it doesn't ever get better. |
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shawna_hottie_2006
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| Posted: Sat Apr 19, 2008 12:19 pm Post subject: |
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| Quote: | | The only way I found out what the other person had was a friend of a friend |
Then are you saying that the 'at fault' party does only have 15k in BI limits?
Your UIM is just that ''UNDER'' insured motorist...while I certainly understand there are times when the injured party doesn't feel their settlement was enough, this will not kick the UIM coverage in....you must first accept the policy limit from the other carrier, and then your carrier must agree or be proven that your injured exceeded the coverage limit of the 'at fault' party...
I just want to say a word or two...it would be a very cold day....well somewhere hot before I'd be signing off on third of a settlement and got this in return... | Quote: | | I wish my atty would get on the phone so I could ask him some questions |
| Quote: | | I always ask for him but some lady gets on the phone and talks to me. She answers some questions and the ones she doesn't have answers to she says she will find out and get back to me. This isn't always the case. |
| Quote: | | I didn't even know what PIP was...it was never explained to me |
(I really can't believe this one! your attorney didn't even explain your coverages?)... | Quote: | | I know I pay an atty but I just ain't getting any answers. |
| Quote: | | Recently they did tell me they may go ahead and start requesting all my records and forward them to other company. |
if your attorney is just now 'thinking' about requesting your records...i'd say quickest you'd expect your first offer would be thirty days...likley more.....i'm so sorry you are having to suffer thru this, especially financially....there is no reason on the planet that your attorney shouldn't be answering your questions promptly...personallly two unreturned phone calls and i'd fire him...seriously they aren't doing much work for this third of YOUR MONEY....the least they can do is answer your questions...it should be crime to accept payment of this amount and not even return calls frankly you may have been able to handled this by yourself and saved the fee..
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Lori
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| Posted: Mon Apr 21, 2008 12:07 am Post subject: |
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I think that is what she is saying (15,000)is the limits. Wow I have to say I do feel for her because this is exactly what I am worried about myself. Things at my work aren't going very well and I was a little too optimistic in what I "thought" I could do. Are you saying here Lori that she can't access her underinsurance until she settles with the other carrier first?
I don't mean to sound ignorant here but if she has anything near what I have (different name, same thing) then this injury isn't just nothing. I can not believe holw much I struggle with my arm. I use to lift heavy things with a blink of the eye, open a jar with no trouble, little things I use to take for granted puts me in tears , especially emotionally. Not to take away from Shawna this is her post but if the other party in my case only has that amount whoa...I break it down like this $5,000 atty fees, $4,000 lost wages so that leaves what $6,000 for a lifetime of crap? This would make anyone pretty angry. Anyway...Good luck Shawna stop back and let us know how things are going. |
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fireyone
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