| Message |
Author |
|
 Posted: Wed Jul 21, 2010 5:17 am Post subject: i live in a no-fault state..i need back surgery but my PIP l |
|
|
| i live in a no-fault state..i need back surgery but my PIP limit is only 15k, the other driver was at fault and his PIP is also 15k..can i personally sue him? or what can i do in this case? ty |
|
kmp5665
New member
Joined: 21 Jul 2010
Posts: 1
1.32 Dollars($)
|
|
| Posted: Wed Jul 21, 2010 6:13 am Post subject: |
|
|
| Quote: | | .can i personally sue him? |
In no fault state you can not sue any person for auto accident because all payment is paid by your own insurance company (first party).
Sole purpose behind this No-fault insurance is to avoid litigation and fasten the process of claim settlement.
It is true that in no-fault state the person who is at fault will have to pay extra premium on his/her insurance but surely this is not a higher punishment.
DIMG |
|
DIMG786
New member
Joined: 11 Jul 2010
Posts: 36
7.61 Dollars($)
|
|
| Posted: Wed Jul 21, 2010 3:53 pm Post subject: |
|
|
Not being in a no-fault state, I cannot be certain, but I don't think you are prevented from suing for actual damages caused by another person that exceed the available coverage. That is not the intent behind the no-fault concept. That a person only has $15,000 PIP is a problem for them when it comes to finding the money to pay a $100,000 claim.
If you have your own medical insurance (individual or group), that should cover the cost of your surgery. You must understand that your medical insurance has subrogation rights against a third-party and is entitled to recover up to 100% of its expenses incurred on your behalf from any money you thought you might obtain from the other party or their insurance company, even your own PIP.
And just for clarification:
| Quote: | | your own insurance company (first party). |
This is incorrect. The insured ("You") is the first party, the insurance company ("We") is the second party.
_________________
CA-licensed P&C Broker-Agent and Life Agent. CA Insurance Lic #0596197. Now investigating insurance company abuses, and providing litigation support and expert witness services. Send me your questions, and I'll send you my answers. |
|
MaxHerr
Moderator
Joined: 29 Nov 2009
Posts: 4629
Location: Pomona CA
210.19 Dollars($)
|
|
| Posted: Wed Jul 21, 2010 8:01 pm Post subject: |
|
|
| Quote: | This is incorrect. The insured ("You") is the first party, the insurance company ("We") is the second party.
|
All apologies from my side for this minute mistake.I appreciate Max Herr for this favor.Please henceforth if I ever commit any mistake let me know either public or private.No hard feeling in any manner.
Thanks
DIMG |
|
DIMG786
New member
Joined: 11 Jul 2010
Posts: 36
7.61 Dollars($)
|
|
| Posted: Wed Jul 21, 2010 8:25 pm Post subject: |
|
|
| Quote: | | I ever commit any mistake let me know either public or private |
Refer to the forum rules. In section 5A, Page 784 section 4, paragraph c.
| Quote: | | Any forum member caught misleading, making a mistake; goof ups and or otherwise, will result in taking him/her out back and beating them senseless with a rubber hose. |
_________________
65% of the time, it works all the time.
Public and Private Adjuster for:
Auto, home, marine and transportation liability claims.
Consumer Advocate in auto collision repair.
Know your rights! Please visit us @
http://www.stopsteering.com |
|
Trench
Senior member
Joined: 16 Sep 2009
Posts: 911
Location: Kansas City
152.85 Dollars($)
|
|
