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 Posted: Fri Mar 21, 2008 12:43 pm Post subject: auto liability limitations and usage |
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I was injured in a car accident ...other persons fault... they have 30,000/60,000 ... but my doctor bills will add up to more then 30,000....i have rsd now from it...can i make them use the rest of it...they say its only 30,000 per person.
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#george
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| Posted: Fri Mar 21, 2008 6:07 pm Post subject: |
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| Quote: | | they say its only 30,000 per person |
That is correct if their limits are 30/60k that means 30k per person and 60k per accident, no one person can collect more than 30k per accident...
Do you have a vehicle that is insured? If so and you have UIM (UNDER INSURED MOTORIST) coverage, then you could collect the balance from your own carrier under this coverage...
Please let us know if we can be of further assistance to you...if you do have additional questions regarding auto liability please include the state that the accident occurred in..
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Lori
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| Posted: Fri Mar 21, 2008 7:15 pm Post subject: car accident |
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i didn't have underinsured ins..... happened in w.va....guy who hit me from norty carlina...what else can i do to collect from him or ins company....my health ins won't touch auto accidents....thanks
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george
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| Posted: Fri Mar 21, 2008 7:25 pm Post subject: |
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| Quote: | | my health ins won't touch auto accidents.... |
sure they will where did you get that information? have you settled and signed a release?
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Lori
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| Posted: Fri Mar 21, 2008 7:36 pm Post subject: car accident |
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they will but.... want every bit of it back...and theres not enough ...no i have not settled.... been out of work 4 months...not even going to get anything from them for being out of work...cause theres not enough to pay for medical...
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george
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| Posted: Fri Mar 21, 2008 7:40 pm Post subject: car accident |
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once my health ins....gets 30,0000.....they stop paying my medical bills...cause thats all the money there is from car ins
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george
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| Posted: Fri Mar 21, 2008 7:43 pm Post subject: car accident |
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signed no release...thanks for all your help...i just don't what else to do....besides sue the guy who hit me....then you don't know if you get anything or not....that could go on forever
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george
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| Posted: Fri Mar 21, 2008 11:11 pm Post subject: |
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The part about your health carrier is incorrect.
Your health policy probably states that it is not primary for injuries as a result of an auto accident. This does not mean they won't address the expenses... as it appears they are doing. Also, there is not any kind of $30k auto liability limit on your health policy. They should address your medical expenses as they are incurred an they should send a lien letter to the other person's carrier stating that they are seeking recovery for what they pay. What happens in the end is a little complicated but may go something like this...
Let's say your medical bills are $60k. The other carrier _offers_ their $30k. You go back to your health carrier and negotiate the recovery with them. _Part_ of that $30k settlement is for pain and suffering... something your health carrier did not pay for. The negotiation is what part of that $30k is for medical bills and what part is for pain and suffering. Once you have an agreement, your health carrier can provide the other person's carrier with a revised lien and you can settle.
With expenses well in excess of the other person's limits, it's not going to be pretty. |
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tcope
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| Posted: Sat Mar 22, 2008 10:18 am Post subject: |
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| Quote: | | once my health ins....gets 30,0000.....they stop paying my medical bills...cause thats all the money there is from car ins |
tcope already addressed this very well..you are incorrect! most health coverage has what a million dollar life time limit? talk to your health carrier, also do you have medpay or pip on your own policy? I know you don't have UIM, also what about short and long term disability with your employer? Also check into socal security disablity... if you think the at fault party has any assets, I think seeing an attorney might be the right thing for you to do...but at least rest assured your medical bills should be paid by your health carrier...please see an attorney...
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Lori
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| Posted: Sat Mar 22, 2008 12:16 pm Post subject: car accident |
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what is pip?ihad med on all other vehicles we have...somehow over looked med on this vehicle...this guys from a different state....and they say its hard to sue someone ...or put liens on their assets...i hate to do that ....but im in a fix.my husband works but....its still hard ....with me not working...you all are a great help....thanks soooooooo much
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george
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| Posted: Sat Mar 22, 2008 12:36 pm Post subject: |
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Personal Injury Protections some states offer it, some require it...I'll try and find some time to research WV requirements...you had medpay on all of your autos but the one you had the accident in? What was/is your medpay limit on those vehicles? Did you still attempt to turn in a claim for it (some times you can draw from non-involved vehicles)....I'll do some checking and see what I can come up with.....
Any suit would be filed in the state the accident occured, so really would be a problem for him...(coming back and forth etc)...might be worth a trip to an attorney to find out...most will do an inital consultation free, and then if they take it on, will do as a contingency case...meaning they get a percentage of what you collect...What are your injuries, and how many other vehicles (with medpay) do you have?
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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: Sat Mar 22, 2008 4:44 pm Post subject: car accident |
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had med pay...on two other vehicles.....have rsd....from accident...which they say goes in remission....and can come back.....
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george
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| Posted: Sat Mar 22, 2008 5:24 pm Post subject: |
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If I go and file a suit against this guy.....what happens......and how long does that take in w.va...do you think he would try to settle himself...instead of going to court?....cause if this rsd is a lifetime thing or if i have to live with this rsd....from accident....medical bills will rank up...and phy therpy....which is very high.....
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george
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| Posted: Sun Mar 23, 2008 10:55 am Post subject: |
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| Quote: | | If I go and file a suit against this guy.....what happens......and how long does that take in w.va...do you think he would try to settle himself...instead of going to court?.... |
No I doubt he would try and settle...what you need to do is talk to an attorney yourself...and do not sign a release until you do! I couldn't find much information on the WV DOI site, except min. limits etc....Do you have any reason to believe this other party has any assets or a good paying job?
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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 23, 2008 5:20 pm Post subject: car accident |
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If I get a lawyer....can the lawyer file a lawsuit...against the ins company...for the rest...since there was only one person in accident...and hurt....his coverage was 30,000/60,0000
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