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Policy Limits?

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jm4466

Junior Member
My buddy was rear ended at a crosswalk. He has $15,000 in medical bills and his wife $5000. Adjuster won't disclose policy limits.
Are their medical bills deducted from the policy limit or is that separate from what they can recover for pain and suffering?

Thanks
 


Just Blue

Senior Member
My buddy was rear ended at a crosswalk. He has $15,000 in medical bills and his wife $5000. Adjuster won't disclose policy limits.
Are their medical bills deducted from the policy limit or is that separate from what they can recover for pain and suffering?

Thanks
Please have your buddy join (under his/her own user name). We prefer to deal with the legal party...Thank You.
 

adjusterjack

Senior Member
The policy limits apply to all damages (medical bills, lost earning, pain and suffering, etc). The policy limits have nothing to do with determining the value of the claim nor is there a need to know them to determine the value and ask for it.

Rule of thumb, though, is a person with a cheap car and an apartment probably has the state minimum limits and a person with a nice car and owns a nice house probably has higher limits.

He's 72 and doesn't even have an email account
What does his age have to do with it?

I'm 72 and have computers, internet, and email. :p
 

adjusterjack

Senior Member
As of July 1, 2018 Nevada's minimum limits were:

Bodily Injury per person $25,000
Bodily Injury per accident $50,000
Property Damage $20,000
 

ALawyer

Senior Member
First, the at fault driver's policy limits may not be the only source of funds available to pay for the damages sustained. IF your friend has his own auto and it is insured, the Uninsured/Underinsured Motorists coverage -- which is typically a part of the auto policy -- would provide a source for additional recovery. Essentially his/her auto insurer would take on the role of the other driver's supplemental liability insurer.

Second, even if the at fault driver's auto insurance policy limits may be low, the driver (and/or car owner) is not necessarily off the hook. He or she may still be personally liable for the full measure of damages -- and most other assets the driver has -- such as a home, car, jewelry, and savings and investment accounts not part of an IRA, 401(k), or similar plans, could be seized after a judgment is obtained.

Third, it would seem given the significant medical bills, your friend may have sustained some permanent injuries or loss of mobility as well as pain and suffering. If that is the case he or she certainly would need a lawyer to get the maximum benefits to which he or she would be entitled. An insurance company doesn't just write a check for the full amount they would be prepared to pay just because an individual without a lawyer asks it to.
 

adjusterjack

Senior Member
most other assets the driver has -- such as a home, car, jewelry, and savings and investment accounts not part of an IRA, 401(k), or similar plans, could be seized after a judgment is obtained.
In theory, yes.

In practice, not so easy. Nevada has a generous homestead exemption up to $550,000, motor vehicle up to $15,000, household goods up to $12,000, Jewelry up to $5000 (if you can find any), tools of a trade up to $10,000, etc.

Granted, bank accounts and non-protected investment accounts can be levied, but people with any significant amounts in those accounts generally have higher limits of liability insurance.

And, of course, wages can be garnished.
 

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