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  1. #1
    moment2moment is offline Junior Member
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    Bodily Injury limits exceed medical??

    California
    I was in an auto accident 3 weeks ago, and my car is considered totaled.
    D1 failed to yeild the right of way. He made a left turn across westbound traffic, and D2 (me) didn't have enough time to stop, and I hit him. I was not speeding. I am very familiar with the street. I have lived here for over 10 years. He was looking for an address to go do a plumbing job. He is the owner of the company. I think he seen his address at the last second, and made a quick left...not seeing me headed west. I was taken away via ambulance. I have a broken wrist, and broken metacarpals, and several aches, pains, and bruises.
    Questions:
    1. What if his insurance bodily injury coverage only covers $15000.00, do I have to "sue" to get more? So fay my medical bills alone are about 8000.00
    2. I don't "work" in the work place BUT I am a mother of a 9 year old and 5 year old, and I work 24 hours a day- 7 days a week. Any compensation for not being able to cook, clean, bath, my kids etc ??? I have a full left hand cast, MY FINGERS are in the cast also... argh.... I can't even put my own bra on, take a shower w/out assistance, and too many other things to list....
    3. To top it off, before the police report came out, the other insurance company tried to tell me I will "probably" be 20% at fault!! I said for what???
  2. #2
    hermes77 is offline Member
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    Quote Originally Posted by moment2moment View Post
    3. To top it off, before the police report came out, the other insurance company tried to tell me I will "probably" be 20% at fault!! I said for what???
    Because they want to get money from your insurance company. I'd ignore what my opponents insurance company told me unless it was in writing. Then I might ignore it anyway, unless it was from the court.
  3. #3
    ecmst12 is offline Senior Member
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    If you hit the other car on the back half, they will say that even though he failed to yield, you had the last chance to avoid the accident so they will probably place some amount of fault on you. What was the point of impact on your car and the other car?

    If this was a commercial insurance policy though, the coverage is MOST LIKELY sufficient to cover your injuries. Why would you worry until given a reason to?

    You are entitled to your medical costs plus pain and suffering. Broken bones are considered serious injuries and likely to cause you some amount of permanent disability. You won't be entitled to lost wages since you don't work(for wages, anyway). You should consult a lawyer though, since your injuries are serious and won't be healed for quite some time, once the cast comes off you will need physical therapy to regain your strength in that hand. There will be a lot of bills and paperwork to go through and a lawyer can take care of all that for you. It will be a long time before you are ready to settle though, so don't expect a check anytime soon.

    You should be able to settle for your property damage much sooner though.

    FYI - having sufficient uninsured/underinsured motorist coverage on your OWN insurance can save you from having to worry about someone else having minimum coverage.
  4. #4
    moment2moment is offline Junior Member
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    Hi! Thanks for your reply from both of you. It's much appreciated.

    My damages were to the passenger front into the mid of his truck. I have pics of my skid marks, that were taken the next day at the same time. And you can see them CLEARLY me veering to the left into oncoming traffic to avoid him. Had I stayed straight I would have hit the front half of his truck and the full front end of mine would have been smashed in. But all that is woulda, coulda, shoulda, etc.... But does that mean it's my fault.... I was compltely fine working with his adjustor UNTIL MY adjustor told me he is trying to say 20%. He could have said 2% and I would be just as ticked off!!
    To me that shows bad faith. Due to his comment and slooow response I have went through my insurane to get money for my car. After 2 weeks of not hearing from other adjuster, he calls and says he wants me in a rental..... why bother, I have been stuck for 3 weeks w/out one....

    I NEVER knew what the insurance numbers meant on any of my policies. I always told the lady just give the the cheapest full coverage for 3 vehicles. So that's what they did.... So NOW after learning, I'm only covered the minimum: 15/30/5. NOW I know what those mean, and I will be increasing them to 100/300/100. I am a complete worried person in general. so I just assume that I have the minimum and so does he...... who knows.... you are probably right, there is enough to cover my medical...

    Whn I first spoke with his adjuster, he said the same thing about serious injuries. To me a serious injury is me in the hospital on a feeding tube..... I consider myself VERY lucky on several counts: my kids weren't in the car, I wasn't decapitated by the bottom of his truck, and the doc said I will probably get this ridiculous cast off next week, and take my first real shower again.
  5. #5
    las365 is offline Senior Member
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    Your injuries are severe enough and your medical bills high enough that you should seek assistance from a personal injury attorney, in my opinion.

    You need someone helping you who knows how to present your non-economic damages properly.

    Hopefully the other driver had decent coverage and if he is a business owner, may have assets to pay something in excess of his policy limits if they are inadequate to compensate you for your damages. See a lawyer, PI attorneys are easy to find and they all do free consultations. Referrals from satisfied previous clients are a good way to help find one.
  6. #6
    moment2moment is offline Junior Member
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    Thank you Las65> your quick response is appreciated. I haven't decided for sure on a lawyer. I have been keeping a daily journal of my pain levels, and what I couldn't do (that I normally would have). Again Thank you!
  7. #7
    Country Living is offline Senior Member
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    Check your own policy to see if you have medical payments or PIP.
  8. #8
    moment2moment is offline Junior Member
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    Hi Counrty Living. I have checked my insurance policy and I don't. I do have full coverage medical through my husband's job. I know since all this has happened and turned my life upside down in more ways than one, I will be changing my insurance coverage in MANY different ways .....lol.. lessoned learned!
    Thanks for your response!
  9. #9
    Country Living is offline Senior Member
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    Here are my thoughts on insurance in case any of it is of value to you since you want to re-evaluate your coverages.

    The chance of being in an accident with someone who is uninsured or underinsured is highly probable. There are some things you can do to protect your financial well-being.
    [LIST][*]Carry high limits of liability and property damage in case you're in an accident for which you're legally responsible. It just doesn't cost that much to substantially increase BI and PD limits. I think state minimums are just too low. By carrying higher limits, your insurance company represents you in case of a lawsuit. If you carry state minimum, the company may simply pay up to the limit of the policy and you're liable for the rest.[*]Carry the highest limits available on MedPay and PIP (no fault coverages) to avoid problems having your medical care covered. Sure you have medical insurance. There is a deductible, co-pays, and always something that's not covered. It's just not worth the risk. MedPay is not expensive.[*]Carry comp (always) and collision (if your car is worth it) to take care of your own car. [/LIST]
    This way your own insurance company takes care of you (up to the policy limits) and will subrogate against the other company (other driver being at-fault.)

    I don't carry UM/UIM/UMPD because the other coverages take care of me and the car.

    Be sure and get GAP insurance if you buy a new car.

    These are just a few thoughts as you evaluate your insurance requirements.
    Last edited by Country Living; 01-17-2010 at 07:41 PM.
  10. #10
    las365 is offline Senior Member
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    Country Living, I would disagree only with your assessment of the need for Uninsured/Underinsured Motorist coverage. In my opinion, it is critical to have it. PIP or medpay are fine for minor injuries, but if you have a catastrophic injury, you want UIM coverage.
  11. #11
    Country Living is offline Senior Member
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    I carry $100K on both MP and PIP and then I have my medical insurance. In my case - UM/UIM/UMPD is overkill.
  12. #12
    las365 is offline Senior Member
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    You have $100K in PIP? In Texas? The max is $10K in Texas.
  13. #13
    moburkes is offline Senior Member
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    Quote Originally Posted by Country Living View Post
    I carry $100K on both MP and PIP and then I have my medical insurance. In my case - UM/UIM/UMPD is overkill.
    For clarification UMPD is for physical damage to your vehicle, not your body, so it doesn't fit in the conversation you 2 are having.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  14. #14
    las365 is offline Senior Member
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    Hey, Mo! How you doin?
  15. #15
    moburkes is offline Senior Member
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    Quote Originally Posted by las365 View Post
    Hey, Mo! How you doin?
    Good! You? The girls have a friend over and I feel like I shouldn't sleep until they go to sleep. I'm tired too. Good thing I took off tomorrow, except I will be volunteering...

    You all have been holding it down without me, but I do step in from time to time!
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.

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