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Ethics & Financial Accountability?

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J

JayM

Guest
This is a two part question:

(1) If an individual causes an accident and the insurance company admits liability, but the limits of the coverage don't even begin to pay the medical bills, is the insurance company only responsible for the limit?

(2)In my case, the insurance company declared my vehicle totalled and we agreed on an amount. The check was never issued and the vehicle is still sitting in my driveway, 3 years later. My calls went unanswered. I had originally asked the insurance company just to settle with me for the car and pay my initial medical costs, but I was told that if I wanted a dime, I'd have to sue them. Now for the question: Do these actions cross the line regarding fair practice and ethical responsibility, and can an insurance company be held responsible for such actions/negligence?
 


P

peter

Guest
You may still not get a dime, some states, if you dont sue within 2 years you are out of luck.

So ya might as well go see a lawyer today and see whether or not you are screwed because of your lazyiness.
 
J

JayM

Guest
So ya might as well go see a lawyer today and see whether or not you are screwed because of your lazyiness.[/B][/QUOTE]

Hmmm.... Maybe I should have said that I did ask an attorney, and it isn't *me* that has caused this to be 3 years old, but the constant dragging of feet by both the attorney and the insurance company. I just learned today that while the medical bills were $58,000 the best I can get is the state minimum of $12,500... or so I am told. Comments?

 
P

prairielaw3

Guest
While you should consult your attorney, generally an insurance company is only liable up to the extent of its policy limits. Secondly generally an insurance co for the other driver generally owes no duty to the injured driver unless they "agree" by a settlement or a judgement imposes a duty on them. Even if agree to liability does not mean that they agree to the damages. If your lawyer is not doing the job, get a new one, but do not delay.

------------------
George H. Senteney
Prairielaw.com
"More people helping people with the law than anywhere."
 
J

JayM

Guest
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by prairielaw3:
While you should consult your attorney, generally an insurance company is only liable up to the extent of its policy limits<HR></BLOCKQUOTE>

If I understand this correctly, for me to get reimbursed for my medical costs, I'd have to sue the person who caused the accident, because the insurance company is only responsible for the first $12,500 (his coverage). Even though I am disabled from the accident, I don't think I'd want to destroy someone's life over the almightly dollar. I guess the answer here is to walk away. It is disheartening to think that an insurance company can leave me with the bills and the destroyed vehicle, and they can't be held accountable for their actions.


 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by JayM:
If I understand this correctly, for me to get reimbursed for my medical costs, I'd have to sue the person who caused the accident, because the insurance company is only responsible for the first $12,500 (his coverage). Even though I am disabled from the accident, I don't think I'd want to destroy someone's life over the almightly dollar. I guess the answer here is to walk away. It is disheartening to think that an insurance company can leave me with the bills and the destroyed vehicle, and they can't be held accountable for their actions.

<HR></BLOCKQUOTE>

My response:

Accountable for their actions? What actions?

By contract with their insured, and by law, their obligation is to protect their insured and to pay up to the "limits" of the policy their insured purchased - - nothing wrong with that.

Also, where is your insurance in this scenario? If you didn't have insurance, then you're also responsible for the financial situation you find yourself. If you did have insurance, you may be able to make a claim with them for "underinsurance" coverage and payment.

Insofar as suing is concerned, you really have no choice because with medical bills like those, and collection agencies and credit reports the way they are today, you might wind up, after all is said and done, having to file Bankruptcy.

I would suggest that you either look to your own insurance coverages, or sue the "at fault" party because when all is said and done, your medical creditors won't be benevolent with you like you are suggesting you want to be with the "at fault" driver.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
J

JayM

Guest
To answer a few of the last questions:

(1) The insurance company agreed in writing to pay me for the vehicle. They didn't. They also agreed to pick it up, but it still sits in my driveway, years later. The insurance company failed to respond to repeated calls (which I realize I cannot prove) or to my certified letters, asking for resolution on the car. Shouldn't they be accountable for this? Even if it is only to get the car and give me the check they agreed to?

(2) There has been no mention about my insurance company by anyone, and that is a very good point. I do carry underinsured coverage, and while my insurance company did not get involved, it is worth looking into.

(3) I have already paid the medical bills, in full. So while my waistline got a bit thinner, my creditors didn't suffer.

(4) "You can't get blood from a turnip", or so the saying goes. If someone carries the minimum, I would assume they don't have much to lose. And a judgement against an estate with no real value is worth.... Of course, the guy could hit the lotto and then he'd have to pay, I suppose.

Thanks for the advice. I'll go back to my attorney and explore the issue of my own insurance coverage. I find myself wondering if my own $350,000 limit is enough! :/



 
J

JayM

Guest
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by peter:
You dont want to destroy someones life over the almighty dollar....

Well how are YOU earning a living?

Mooching off the government? GET A JOB,

or sue the guy for your bills plus lost income, job training.......

or Bankruptcy time..for being such a wimp!
<HR></BLOCKQUOTE>

Hey Peter.... thanks for adding some color to my day. We all need a smile on occasion! :)
But to answer your question, I am a senior level information Technology Architect and earn well into the 6 figure range... and no, there is no decimal point in there. *lol*



[This message has been edited by JayM (edited September 11, 2000).]
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by JayM:
Hey Peter.... thanks for adding some color to my day. We all need a smile on occasion! :)
But to answer your question, I am a senior level information Technology Architect and earn well into the 6 figure range... and no, there is no decimal point in there. *lol*

[This message has been edited by JayM (edited September 11, 2000).]
<HR></BLOCKQUOTE>

My response:

Yes, if you have "underinsurance" coverage in those amounts, then by all means, make your claim. You might wind up in arbitration over the matter - - because you are entitled to your "General Damages", but that's a heck of a lot better than making no claim at all.

Don't pay any attention to "Peter". He's our resident "whacko" who sees issues, sometimes, "inside out". He's really quite harmless, and uses colorful speech, but on occasion, hits on an issue with the correct response - - not always, but sometimes. And in this case, he didn't - - once again.

It's like in the Wizard of OZ, when the Wizard says: "Pay no attention to the voice behind the curtain".

Please, let us know what happens after you talk to your attorney . . . and, I'd really like to know what he says for his reasons why this claim was never turned into your own insurance company.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
P

peter

Guest
OOPs i am sorry....... To be able to take a $46,000 loss is mighty noble of you.

Gee I wish I could make that in one year.

But since you are so rich, maybe you can claim it as a tax deduction, you know worthless debt.


 
J

JayM

Guest
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by peter:
OOPs i am sorry....... To be able to take a $46,000 loss is mighty noble of you.

Gee I wish I could make that in one year.

But since you are so rich, maybe you can claim it as a tax deduction, you know worthless debt.

<HR></BLOCKQUOTE>

Making money is easy these days. Just learn some Java and Perl, and presto... Instant killer salary. *grin*

Anyway, writing it off as worthless debt is an interesting thought. Worth talking with my Tax Atty about, at least.
 
J

JPolly

Guest
I agree, Java is a mighty hot commodity! (What state did you say you were in??)

Love,

Your Friendly
Neighborhood Headhunter
 
J

JayM

Guest
To I AM ALWAYS LIABLE: My atty says "Hey, that's a good idea about the underinsured coverage". He is supposed to follow up on it today. Hmmm.... I find myself wondering why it took 3 years for the "professionals" to even bother looking at the coverage. Anyway, thanks for the info, and I'll let you know what happens.

To JPolly: I'm in Ohio.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by JayM:
To I AM ALWAYS LIABLE: My atty says "Hey, that's a good idea about the underinsured coverage". He is supposed to follow up on it today. Hmmm.... I find myself wondering why it took 3 years for the "professionals" to even bother looking at the coverage. Anyway, thanks for the info, and I'll let you know what happens.

To JPolly: I'm in Ohio.
<HR></BLOCKQUOTE>


Dear Jay:

My further response is - -

3 years have gone by, and all he has to say is:

"Hey, that's a good idea about the underinsured coverage".

Is this guy a Personal Injury Attorney? That's a rhetorical question, because as soon as an attorney says something like that, without a legal reason why such claim was not made as soon as the defendant's policy limits were paid in the first place, I'd fire the guy and get a "real" personal injury attorney.

Thanks for the update, and please keep me posted.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
J

JayM

Guest
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

Is this guy a Personal Injury Attorney? That's a rhetorical question, because as soon as an attorney says something like that, without a legal reason why such claim was not made as soon as the defendant's policy limits were paid in the first place, I'd fire the guy and get a "real" personal injury attorney.
<HR></BLOCKQUOTE>

Here's the update: My UM coverage will apparently cover the medical bills. That is good news. If my insurance company chooses to go after the other driver, then that is their right, and from what I'm hearing, they probably will.

Now I just need to get the wreck that has been rusting in my driveway for the past 3 years towed away.... But not until there is a check in my hands for it, of course. Hmmm, I wonder if I can charge the insurance company a storage fee... after all, they said they'd retrieve it but I've been holding the wrecked car for them to pick up now for over 1000 days! *lol*

 

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