What Are Our Choices

[darocket]

What is the name of your state? Arizona
My wife was involved in an auto accident and sustained injuries to her back and neck. The other driver was clearly at fault and is so stated in the police report. My insurance has been contacted and repaires to her vehicle are underway. The other driver's insurance card had expired so we don't know at this time if he was covered. If it turns out we hire an attorney to take our case, what could be the disadvantage to suing our own insurance company for medical, pain and suffering? We go through Allstate with 100,000/300,000 for both uninsured and underinsured motorist. From what I can gather, the most we could possibly get out of this is 100,000 even though the pain my wife is going through will most likely surpass that. If I am way off base on this, please let me know.

 

[racer72]

If it turns out we hire an attorney to take our case, what could be the disadvantage to suing our own insurance company for medical, pain and suffering?

Please explain how your insurance company's negligence in causing the accident.

 

[moburkes]

Please explain how your insurance company's negligence in causing the accident.

Exactly. Why would you need to SUE your insurance company in order to get compensation from them. YOU chose the amount of coverage. Had you purchased higher liability limits, you would have been able to choose higher UM coverage. I don't understand your point.

 

[darocket]

If it turns out the other person has no insurance, wouldn't my lawyer have to request compensation from my insurance? And if so, what are the chances of my rates going up because of this?

 

[moburkes]

Your rates aren't going up based on an accident that neither of you caused. But, you do not need an attorney to seek recovery. That attorney will take 1/3 of your settlement.

 

[darocket]

Filing claims is something we're not used to doing since both of us have clean records since 1977. I figured I'd have to get legal assistance concerning all this. Just wasn't sure how to go about it the right way. We pretty much have someone in mind who informed us that we are not to give our agent or the other person's agent any information and to refer them to our lawyer. I really hope I'm doing the right thing. I've read so much on how little insurance companies like to pay out.

 

[moburkes]

Obviously, that is up to you. However, it is confusing because you want your wife to receive the maximum per person coverage, but you also want to give your attorney 1/3 of that claim money. If you have used your health insurance to pay for any of the bills, they will also seek reimbursement. That doesn't leave her with much.

No company is in the business of paying money to others. However, a legitimate claim is a legitimate claim.

 

[darocket]

What choice do I have? Representing herself certainly won't bring in much especially when insurance companies are in the market to make money. I understand I paid for this coverage but it doesn't mean they have to hand it all over. To pay a third to a lawyer doesn't bother me as much as what little the insurance company might pay out. I'm already anticipating problems with Allstate. My agent has not returned a single call in the last four days. Had to talk with someone else who was not familiar with the case. Got nowhere. Since the accident happened a week ago today, there are questions needing answers to.

 

[moburkes]

You shouldn't be speaking to your agent about an insurance claim. You should be speaking to the adjuster. Oh, you will need to read your policy to see if it covers pain and suffering. Most UM coverages do not, since, as was stated earlier, their client (you and your wife) did not cause the P&S.

 

[darocket]

I'm sorry. Did I say Agent? What I meant was adjuster. I figured pain and suffering would fall under the uninsurred motorist claim.

 

[moburkes]

I'm sorry. Did I say Agent? What I meant was adjuster. Wouldn't pain and suffering fall under the uninsurred motorist claim?

You are not the adjuster's only client. Calling him daily will not change any of the results. He could be on vacation. Who knows. What urgent questions do you have for him, that you need an immediate answer? Have you told him already, that you have an attorney?

The P&S is ONLY included in the UM if your contract specifically states that it is. No law requires your own insurance company to offer P&S for an accident that was not your fault.

 

[darocket]

One of the main questions I had for him was if it was confirmed the other driver didn't have insurance. At this point, we're still not sure. This little bit of information could make a big difference on what route I take. I would much better make a claim against his than mine.

 

[moburkes]

One of the main questions I had for him was if it was confirmed the other driver didn't have insurance. At this point, we're still not sure. This little bit of information could make a big difference on what route I take. I would much better make a claim against his than mine.

He may not have confirmed that yet. It doesn't make one bit of different who you file against. It doesn't affect your rates. All it affects is who you speak to.

 

[darocket]

If P & S is not a part of my UIM, what exactly will it cover?

 

[moburkes]

If P & S is not a part of my UIM, what exactly will it cover?

Medical bills.