• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ins. co. hardball re: MMI

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rowz

Member
NJ

Greetings All. its been awhile.
1 year ago I was a victim in a head on collision. Fault was not an issue and the young guy that hit me had only the state minimum of insurance. [15/30/5] which was the minimum 50 years ago!

With that I have to go thru my own UIM coverage. His co. paid the limit and for the my car that we totaled.

I had foot surgery with plates & screws. There was a 3 month period of immobilisation, with 5 o5 so by follow ups w/ surgeon and a good deal or PT.

My last visit with the surgeon is scheduled for the first week of August, I did have to go to an insurance qu...Dr.
The result now is I just received a notice 2 + weeks before my final scheduled surgeon visit [where I may have been released] that I have reached MMI and no more payments for the upcoming surgeon visit.

The surgeons office says that they will be trying to get this extended to include his visit and my atty. says that they will try as well.

My question] are is this a standard practice? Is it just hardball? Is it bad faith?

or....am I just letting my frustration out? The ins. co. is acting like a rock

FWIW: they did stop offers at about 60% of the coverage limit. Arbitration is being planned.

I am now considerably disabled due to the accident and my being able to to return to 100% of my work life is just not gonna happen.

Thank you for your time, attention and input.

RowZ
 


adjusterjack

Senior Member
No, it's not bad faith. Underinsured Motorists Coverage is an adversarial coverage. You have to prove your claim just as if you were going up against the other driver's liability insurance. Rely on your attorney. See what he says about potentially suing your insurance company as there may be a time limit if arbitration fails.
 

zddoodah

Active Member
My question] are is this a standard practice?
Is what a standard practice? The very specific, fact-based decision that your insurer made in your case is obviously not a "standard practice."

Is it just hardball? Is it bad faith?
We have no way of assessing either of these questions intelligently.

Do you have personal medical insurance? Did you sue the other driver and then settle only after determining that he had no means to pay beyond his insurance coverage?
 

ALawyer

Senior Member
Buying increased limits of uninsured/underinsured motorists coverage is one of the smartest things drivers can do, as far too many other drivers are uninsured or buy the minimum coverage required by their state. It seems those who are uninsured or buy the legal minimum are also most likely to cause accidents. However, once you reach the limit of the coverage you bought on your UM/UIM, your insurance company has no further obligation to pay. As zddoodah stated if you have medical insurance (whether through your job, a spouse, self-purchased or Medicare/Medicaid) it should continue to cover your medical hospital costs.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top