Who's Liable?

[gkisystems]

What is the name of your state (only U.S. law)? Illinois.

I was driving my girlfriend's car (with permission). I was rear-ended from behind by an uninsured driver. My girlfriend's car was a total loss. Both the girlfriend and I were injured, myself more so.

The girlfriend's car insurance policy is covering the loss as an uninsured motorist coverage and will attempt to recover whatever it can from the driver that was at fault.

1. Will the girlfriend's car insurance rates go up as a result of this?

2. Will mine?

3. If the answer is "yes," (to #1 or 2) then will the amount of the increase depend on the amount that is paid out by the girlfriend's insurance company?

4. In the event that the insurance company hits the girlfriend's coverage limits in paying out my damages, who would then be next in line? Would it be the girlfriend, my insurance company, or both?

5. Does the girlfriend have any liability to me, because it was her car we were in when the accident occurred even though she wasn't driving?

6. Do I have any liability to the girlfriend?

 

[moburkes]

#1. They shouldn't. Accidents follow the driver.
#2. It shouldn't. It was a not-at-fault accident. You may lose a good driver discount, but you won't be surcharged for an at-fault-accident.
#4. Your med pay/personal injury protection would be next, then your UM/UIm would be next, IF you have more coverage than GF does on her policy.
#5. No. Liability refers to negligence or fault. She didn't cause the accident.
#6. No. You weren't at fault, so you aren't liable for her injuries.

 

[gkisystems]

#4. Your med pay/personal injury protection would be next, then your UM/UIm

The girlfriend's insurance company has the ability to provide a total of $105k worth of insurance for me ($5k medical + $100k un/underinsured motorist coverage). We can already assume that just because the limit is $105k, that doesn't mean the insurance company will pay it. They will pay as little as possible.

Let's say I don't take their settlement offer and the case goes to trial. Who is going to be sued? My girlfriend's insurance company? Let's say I sue them for $210k and actually win. They would simply say, we're only paying $105k because thats the coverage limits. Could I then automatically make my own personal car insurance pay the other $105k (because thats my limit with them)?

 

[gkisystems]

My medical bills will be at least $30k, potentially higher. Right now, the girlfriend's insurance company hasn't paid a dime. It's all been me and my health insurance through the employer.

Let's say the auto insurance company offers to settle with me for $15k for my general damages, but refuses to pay me anything for my medical bills because those were already covered by my health insurance.

Could my health insurance then take the entire $15k from me as reimbursement, even if its specifically stated that the $15k is for general damages (pain & suffering for example)?

Also, is it true that settlements for pain/suffering are usually medical expenses X a multiple of 2-5?

 

[ecmst12]

I believe you can't claim from BOTH your and your gf's underinsured motorist coverage. Not to mention that your injuries are not likely worth even 100k, let alone 200.

You need to make sure any settlement you receive will be enough to pay back what your health insurance paid out, and still leave you with an acceptable amount for pain and suffering. It is up to you, what you feel is acceptable, but the fewer permanent injuries you have, the less you will be due. Don't expect a windfall if you healed completely from your injuries. But if you broke a bone or had surgery, your case will be worth more. Consider speaking with a lawyer.

 

[Labtec600]

Once her insurance hits the 100k limit, thats all they're responsible for. It's also likely you wont be able to claim the bills paid under med pay in your UM claim too.

 

[moburkes]

I believe you can't claim from BOTH your and your gf's underinsured motorist coverage. Not to mention that your injuries are not likely worth even 100k, let alone 200.

You need to make sure any settlement you receive will be enough to pay back what your health insurance paid out, and still leave you with an acceptable amount for pain and suffering. It is up to you, what you feel is acceptable, but the fewer permanent injuries you have, the less you will be due. Don't expect a windfall if you healed completely from your injuries. But if you broke a bone or had surgery, your case will be worth more. Consider speaking with a lawyer.

I wasn't sure about that, but he may be able to claim under his gf's uninsured and his own underinsured. But I agree that he likely won't exhaust the $100k.