Claim exceeds policy limits

[mitchlep]

What is the name of your state? Oklahoma

Brief description of accident - I was driving west bound when a car pulled out of a gas station in front of me. She was making a left hand turn across three lanes of traffic. I hit her in the driver side door and front fender. My airbag deployed. I suffered a detached retina and may lose vision in my right eye. The other driver was given a citation for "failure to yield" and admitted fault at the scene. I was not cited.

She had insurance with policy limits of 50000. My medical bills alone may exceed this amount. She is a full time student, 20 years old, and lives with her parents.

Questions:

1. If the car is registered to her parents, is there any liability on their part if I sue for damages exceeding the policy limits?
2. If the car is not registered to her parents, is there any liability on their part if I sue for damages exceeding the policy limits, since she lives at home and is supported by them?
3. How do I find out if they have an umbrella policy? Just ask?

Thanks.What is the name of your state?

 

[msiron]

registered to her parents
yes

 

[weenor]

What is the name of your state? Oklahoma

Brief description of accident - I was driving west bound when a car pulled out of a gas station in front of me. She was making a left hand turn across three lanes of traffic. I hit her in the driver side door and front fender. My airbag deployed. I suffered a detached retina and may lose vision in my right eye. The other driver was given a citation for "failure to yield" and admitted fault at the scene. I was not cited.

She had insurance with policy limits of 50000. My medical bills alone may exceed this amount. She is a full time student, 20 years old, and lives with her parents.

Questions:

1. If the car is registered to her parents, is there any liability on their part if I sue for damages exceeding the policy limits?

****If it was her parent's car and you can prove that she had a bad driving history and that her parents were negligent in allowing her to drive the car, then maybe.

2. If the car is not registered to her parents, is there any liability on their part if I sue for damages exceeding the policy limits, since she lives at home and is supported by them?

****only if you can prove that they were somehow negligent. If the car is not theirs that will be next to impossible.

3. How do I find out if they have an umbrella policy? Just ask?

Thanks.What is the name of your state?

An umbrella policy will only be available if there is coverage in the underlying policy. Check with a local lawyer for other possibilities. But if they were not negligent good luck.

 

[moburkes]

Did you purchase any medical payments coverage on your auto insurance policy?

 

[ecmst12]

For a claim this large, you are definitely going to want a lawyer...

 

[wdlugitch]

What are the limits of YOUR uninsured or underinsured motorists coverage? If the amount of your limits for these coverages is greater than the amount of the other party's bodily injury liaiblity coverge, you may be entitled to recover your damages above $50,000 up to the amount of your limits. Example: You have uninsured motorists coverage in the amount of $100,000 each person. You would be able to recover the other party's $50,000 bodily injury liability coverage and and up to another $50,000 from your company under uninsured motorists coverage.

 

[shortbus]

Also know that most injury attorneys will not pursue damages against personal assets, even though it's legally permitted.

 

[moburkes]

What are the limits of YOUR uninsured or underinsured motorists coverage? If the amount of your limits for these coverages is greater than the amount of the other party's bodily injury liaiblity coverge, you may be entitled to recover your damages above $50,000 up to the amount of your limits. Example: You have uninsured motorists coverage in the amount of $100,000 each person. You would be able to recover the other party's $50,000 bodily injury liability coverage and and up to another $50,000 from your company under uninsured motorists coverage.

Uninsured motorists coverage would not apply since the at fault party has insurance. Underinsured motorists may apply (which I think is what you meant in the example above).

 

[mitchlep]

Unfortunately, I declined underinsured/uninsured motorist coverage.

New information - The car is registered to and insured by the parents. Also, an umbrella policy does exist and this policy falls under the umbrella.

New question - If I sue for damages exceeding the $50000 does an umbrella policy cover anything awarded over the $50000?

Thanks.

 

[moburkes]

Unfortunately, I declined underinsured/uninsured motorist coverage.

New information - The car is registered to and insured by the parents. Also, an umbrella policy does exist and this policy falls under the umbrella.

New question - If I sue for damages exceeding the $50000 does an umbrella policy cover anything awarded over the $50000?

Thanks.

Yes, but not if you sue. It only covers what you WIN, and it covers the difference between the auto limits and the cap on the umbrella. For example, if the umbrella is $1 million, then it will cover $900,050.

 

[mitchlep]

Yes, but not if you sue. It only covers what you WIN, and it covers the difference between the auto limits and the cap on the umbrella. For example, if the umbrella is $1 million, then it will cover $900,050.

I don't understand. How do I win if I don't sue? Please explain.
Thanks.

 

[moburkes]

I didn't mean to confuse you. And I misread what you wrote. Yes, if you are awared damages, then the umbrella policy will cut a check for the balance. Sorry.

 

[mitchlep]

Thank you for the helpful information.

 

[weenor]

Thank you for the helpful information.

Op go see a lawyer....The umbrella carrier needs to be put on notice and if the co. sees that your damages clearly exceeding the policy limits of the underlying policy, the co. will participate in settlement negotiations without waiting for an award.

 

[You Are Guilty]

Op go see a lawyer....The umbrella carrier needs to be put on notice and if the co. sees that your damages clearly exceeding the policy limits of the underlying policy, the co. will participate in settlement negotiations without waiting for an award.

Or will at least take over the defense of the suit from the primary insurance company.