Compensation for MVA

[KatrinaK13]

What is the name of your state? Arizona.

I was involved in a MVA where a drunk driver crossed the center line, hit a vehicle head on and then we all collided. The other vehicles driver received some pretty serious injuries. I received cuts, bruises and a fractured knee cap (and a totaled car) I was also out of work for 4 weeks.
The driver at fault only has minimal coverage 50/25. My car and deductible were paid for and I sent my other information to the guys lawyer. My question: Since the other person involved had much more serious injuries, will they cover his claim first and I will get something if there is anything left over?

I didn't hire a lawyer because I figured I would just let the insurance company handle it.

Thank you for your time.

 

[tigerlily18]

Im in AZ too and only have liability insurance. My insurance allows so much to be paid per person/ per accident. So if I caused an accident and two different people were hurt my insurance would pay each of them up to the specific ammount. Talk to a lawyer if your insurance company is not going after him. By the way Im not a lawyer but I AM an insured driver!

 

[racer72]

My question: Since the other person involved had much more serious injuries, will they cover his claim first and I will get something if there is anything left over?

If the total amount of the claims will exceed the insured's policy limits, the payouts will be determined by the percentage of the total versus the amount available. An example would be if you medical claim is $20,000 and the other victim's claim was $40,000, you will get 33% of the policy amount. If you don't have uninsured/underinsured coverage, which would normally pay you the amount above the other driver's policy limits, you need to see an attorney.

 

[ecmst12]

How many injured people are there not counting the at-fault driver? If just you and one other person, then you can each get up to $25k. If more then 2 people, then it may have to be pro rated. But it is according to who has the most damage, NOT first come, first serve.

 

[KatrinaK13]

Besides the driver at fault, there were 3 people in the other car. The 2 passengers had minor injuries. I don't know if it matters, but only the passenger in the back seat was wearing a seat belt. I do have uninsured/underinsured coverage. I was just curious - Thank you for the information!!!

 

[KatrinaK13]

One more question**************

After reading some other posts, I was wondering..... We have pretty good medical insurance and I have only had to pay copays for doctor visits and a little over $100 for the emergency room. Will my insurance company want to be reimbursed for what they paid out???

 

[ReformedMan]

Yes, they will more than likely try to subrogate to the at-fault driver's insurance. They don't want to pay money when you didn't do anything wrong It's nothing you have to worry about though, as they will handle that internally. If they want their money, they'll go after it!


In Az the state minimums for liability are 15/30/10... not that great if the other people were injured. You should consult an attorney, chances are you may never see any of that money for a settlement and would need to take him to court. An attorney can go over what options you have to collect far better than I can.

 

[ReformedMan]

I have only had to pay copays for doctor visits and a little over $100 for the emergency room.

Hold on to that insurance policy! $100 ER deductibles can't be beat with a 10 foot pole!

 

[ecmst12]

Generally the insurance company will NOT go after the at-fault party. They can only recover if you do, so you will have to pay them back out of your settlement. If you chose not to go after the other party, then they would not go after the other party without you.

 

[KatrinaK13]

so you will have to pay them back out of your settlement

So if, hypothetically, I receive $5,000 from his insurance company, my medical insurance company will make me pay them back? I'm sure they've put out more than $5,000. Isn't that what we pay premiums for?

 

[ecmst12]

No, you don't pay health insurance premiums so you can profit from an auto accident. Your insurance company gets to be made whole just like you do. You will need to find out how much your insurance has paid out before you settle, and then make sure your settlement is enough to cover that amount, plus reimburse your out of pocket expenses, plus a reasonable amount for pain and suffering.

 

[JPeas]

fyi

i been through car accident before where my medical insurance paid out first before i got a settlement. if your medical insurance goes after you, you are obligated to reimburse them after you have settled with the party at fault. from my experience, i never reimbursed my medical insurance 100% they paid out. i negotiated with them and reimbursed them 50% of what they paid.

it's a good idea to bill your medical insurance first because doctors and insurance have discounts. when you claim a settlement with the party at fault, you ask for the full amount of medical expenses and pain + suffering + etc, not the co-pay + deductible out of your pocket.