policy limit payout

[fcobarr]

What is the name of your state? NJ

If it's evident to an insurance company that the policy limit will be paid out on a personal injury claim, is there a possibility they settle before treatment is complete? Or, is it procedure to wait until all treatment is complete before paying out anything. Thanks.

 

[mikeb7418]

I am not sure if the law differs from State to State with this or the way your policy is written. I am going through a similar situation. Myself and entire family (5 of us) were injured to varying degrees due to a car hitting us from behind. The other insurance company accepted full liability. Based upon my injuries alone (according to my attorney) we have greatly exceeded the at fault drivers limit for PIP. The other insurance company acknowledged this and they are in the process of cutting us a check for the policy limit eventhough we are all still in treatment. Fortunately, I have a great deal of underinsurance coverage (with full tort) which according to my attorney, we can go after my insurance company for what myself and family are truely entitled to.

 

[fcobarr]

what is meant by "full tort". Thanks.

 

[moburkes]

What is the name of your state? NJ

If it's evident to an insurance company that the policy limit will be paid out on a personal injury claim, is there a possibility they settle before treatment is complete? Or, is it procedure to wait until all treatment is complete before paying out anything. Thanks.

Of course there is the possibility. We cannot guess what they will due. Understand, though, when you accept the settlement, you may have to reimburse any payments made by your health insurance company, and it will ask you to give up the right to sue the at fault party directly.

 

[moburkes]

I am not sure if the law differs from State to State with this or the way your policy is written. I am going through a similar situation. Myself and entire family (5 of us) were injured to varying degrees due to a car hitting us from behind. The other insurance company accepted full liability. Based upon my injuries alone (according to my attorney) we have greatly exceeded the at fault drivers limit for PIP. The other insurance company acknowledged this and they are in the process of cutting us a check for the policy limit eventhough we are all still in treatment. Fortunately, I have a great deal of underinsurance coverage (with full tort) which according to my attorney, we can go after my insurance company for what myself and family are truely entitled to.

Mike your information is incorrect. The other party's PIP does not pay for your medical bills. Your PIP and their bodily injury pays for your medical bills.

Full tort applies to PA, not to UT, which is why the OP doensn't understand what it is.

 

[fcobarr]

The situation is kind of complex. We have no health insurance and auto insurance has been paying all the medical bills thus far. My husband is the at fault driver, I was a passenger. So, we're both covered under the same auto policy. Can a policy subrogate against itself? What I mean is, when I get a settlement, will the insurance company take back what has been paid out in medical bills? If so, it's not worth filing a claim because my medical bills will probably be close to the PI limit, plus the other car involved has also filed a PI claim.

My husband pays extra for PIP coverage. I think that's what it's called when the auto insurance is primary coverage for accident related bills. We chose this option because health insurance was unavailable due to job change.

Some background...accident was in Canada in Nov. 06, ICU care 2 days, two weeks in hospital in Canada, then transferred to NJ rehab facility for 3 weeks before going home. Laceration on top of head closed with staples, fractured occipital condyl, c1, c2, L2, L3, L4, L5. Fractured pelvis (stabilized with a plate and pins (12) due to 3 cm shift. Broken wrist (radius and ulna broken), broken foot. So, initially I had 3 surgeries while in canada to stabilize me for transport back to NJ. 3 weeks ago I had surgery on the wrist again. Needless to say, the medical bills are tremendous. Most recent surgery alone was int he $40K range.

Thanks for the input.

 

[fcobarr]

moburkes...just for clarification I'm in NJ not UT...I'm sure it was just a typo

 

[moburkes]

Alright. I have NO IDEA how insurance works when the accident is in a foreign country. The ONLY thing that I can say is, no, they will not "subrogate" against themselves when you were a passenger. You just need to ask the adjuster when they will pay the full amount.

 

[moburkes]

moburkes...just for clarification I'm in NJ not UT...I'm sure it was just a typo

Yes, just a typo. I think that maybe the person I responded to before you was in UT. Sorry.

 

[mikeb7418]

Mike your information is incorrect. The other party's PIP does not pay for your medical bills. Your PIP and their bodily injury pays for your medical bills.

Full tort applies to PA, not to UT, which is why the OP doensn't understand what it is.

I misunderstood OP. I thought he was talking about settlement for Pain and Suffering. I also realize that full tort does not apply to other States but was unure with UT. Sorry for any confusion. Was I correct with what I said concerning underinsurance if OP was talking about pain and suffering?

 

[moburkes]

I misunderstood OP. I thought he was talking about settlement for Pain and Suffering. I also realize that full tort does not apply to other States but was unure with UT. Sorry for any confusion. Was I correct with what I said concerning underinsurance if OP was talking about pain and suffering?

No. Underinsured motorist simply means that your policy's coverage can pay up to the difference between what you have, and what they have. It has nothing to do with suing the at fault party.