by donita_adams » Sat Sep 17, 2011 06:26 am
I was stopped at a stop sign, getting ready to make a right turn. I had to proceed a little in the cross walk so that I would be able to see the oncoming traffic. I was stopped when a bus making a left turn hit me. I was recently informed my the other insurance company that they are not going to pay for any damages. My insurance is going after theother insurance company for damages. I was injured. Who would be liable for my damages if they other insurance doesn't pay. My insurance has already paid for the repairs and auto rental. Who would be liable for my lost wages and compensation for injuries. Are you allowed to sue your own insurance in cases like this. Please advice
Posted: Sat Sep 17, 2011 02:53 pm Post Subject:
Well first... you never explain where that bus was coming from so no one can even guess at who may be liable. So I won't go into that.
Property damage: If your carrier paid for this less your deducible then _your_ right of recovery is _only_ for your deducible. You can't go after _anyone_ for more then that. Can you sue your insurance company? For what? Did they hit your car? Did they not pay you according to your contract with them? The answer is no to both of those question. So you can't sue your insurance company :roll: If you think the other person is liable in the loss you can feel free to sue that person for your deductible amount. be prepared to spend money and time in order to file in court. You also need to prove that the other person was liable. Keep in mind that the other insurance company is also going to offer a defense.
If your carrier feels that the other person is liable and they can show this then they should pursue recovery from the other insurance company. There is a good chance both companies are members of something called inter-company arbitration. They both make their case to a 3rd party and that 3rd party decides who is liable. Both parties are bound by the decision. If one company is not a member of inter-company arbitration then your carrier would need to either negotiate a settlement with the other carrier or file suit against the other owner/driver.
Bodily Injury: If your carrier did not pay you for this then it's up to you to seek recovery for your injury. You can't sue your carrier as, same as above, they did not cause your injury. If the other carrier has denied liability then about your only option it to file suit against the driver/owner of the other vehicle.
Posted: Sat Sep 17, 2011 09:52 pm Post Subject:
Tcope has pretty much laid out the picture for you. Your right of recovery for property damage is limited to any amount remaining unpaid by your insurance company.
Your bodily injury claim can be made only against the party that caused your injury (the bus "operator" -- the entity that owns the vehicle, not the driver (unless the driver bears some personal liability for your injuries). That's who you would file a civil suit against -- not the insurance company.
But you also need to understand that if any of your bodily injury claim has been paid by your personal health insurance, you will owe them 100% of what they paid for your recovery up to the full amount of your settlement (it's called "subrogation").
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