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|  Powered by |  Q. How to make a claim for car accident injury? | |||||||||||||||||||||||||||||||||
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Q. How do you calculate how much a personal injury claim from a car accident should be? i was a passenger involved in an accident that was the other driver's fault. my arm was broken in an awkward place and my doc says it may not heal. he's ordered a bone growth stimulator to help the healing process but my care is far from being over. the doc also thinks i may have to go back to surgery in a year to remove the plates he put in. i'd be in a cast again for 6 weeks.
my bills are already over 15k and i'm wondering if i can just go for the other person's limits so that i don't go into debt.
i don't want to settle too soon but if there is a max that i can get anyway i would prefer to get this over with.
also, if my claim is higher than the other person's limits would the underinsured coverage from the driver of the vehicle i was in pay up to her limit?
First, if there was a magic formula to calculate someone's injury settlement 1) I would not have a job and 2) it would make my life easier.
You can always ask for the policy limits, but they won't be released to you without 1) a signed release and 2) medical documentation showing the VALUE of your claim is at or above policy limits. If the limits are not enough to cover your damages...this is where it gets tricky.....it depends on 1) if your friend carries UIM coverage, 2) if you have an auto policy and 3) what the wording is on your friends policy & your policy.
If your friend carries UIM coverage and the wording states UIM coverage is EXCESS to that of the injured parties insurance policy...then you have to go thru your auto policy first. IF the wording says PRO RATA, then your friend will only pay their share on a PRO RATA basis in conjunction with your auto policy. If you don't have an auto policy, none of this applies.
Now, do you live in a state like CA where the UIM limits of your friends policy must be HIGHER than the Bi limits of the adverse in order for a UIM claim to exist? If the limits are lower than the BI limits of the adverse...there's no claim. TheUIM limits must be HIGHER than the BI limits in order for there to be a UIM claim.
The key thing to remember is this: so long as the VALUE of your claim meets or exceeds the limits of the policy the limits should be tendered. If the VALUE does not meet or exceed the policy limits, they will not be tendered. Let's assume the limits are release....any UIM award is offset by the BI limits. So if the value of the claim is $100K, the UIM limit is $100, the BI limit is $50...there's only $50K possibly available to you. If your friend has Med Pay coverage, this will also offset your awad. So same example, but Med Pay coverage is $10K....now there's only $40K max you may receive.
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Q. Has anyone been involved in car accident arbitration? i will be the defendant in this case. my insurance company will represent me, however is it fair? the plaintiff is claiming this costly injury, however the accident was only 16days ago.
she told my insurance company she broke her hand, but they found out it was only sprained. any advice will help. thanks.
Seriously.. that first person on here.. has some serious mental issues... i dont understand half of what they are talking about lol... the insurance companies settling under their limits then playing golf? Whyw ould the insurance company waht to give a high value.. and whats that have to do with playing golf? Some people just have a chip on their shoulder you know? LoL...
that is very very fast for arbitration but just aware that your insurance company IS there to represent YOU! They dont want to pay out just as much as you dont for something you didnt cause.... sit back.. try not to worry.. and let them do what they are paid for!
Good luck
Q. In which us states can a car insurance company be sued for punitive damages if they refuse to pay on a claim? in most states, the car insurance company can be sued only for the cost of the repair (of a car involved in a car accident) where they refused to pay on a claim. thanks for your help.
i am in california so i am most interested in this question as it pertains to calif.
i am in california so i am most interested in this question as it pertains to calif.
CHECK WITH THE BOARD OF INSURANCE WHICH IS ON LINE AND THIS WAY YOU WILL BE ABLE TO SEE FIRST HAND ALL INSURANCE COMPANIES INCLUDING THEIR RATINGS AS WELL AS HOW THEY PAY AND TREAT CONSUMERS AND MAYBE BE ABLE TO ASSIST YOU.
Q. Can i re-open my (car accident) claim? i was involved in a head on collision 1/07/09. i was sitting passenger at the time, and my friend was driving. we came over a hill and were hit head on. i was taken to the hospital for one fractured ankle and the other badly sprained, and a bruised lung. my friend was flown to las vegas for a dislocated hip and a bruised lung. the other driver and his father were sitting up front and neither we're injured, but his younger brother died. i was soon contacted from the insurance company, and finally by march of 2009 my claim was finally settled and i received a cash settlement, at the time i wasn't having any health problems due to the accident. just recently i have been having a lot of problems, with my ankles and chest. i also i have been having severe back problems, i've never had problems with my back any time before my accident. what i'm wondering is, is it possible to re-open my claim? would it help if i hired an attorney?
It's almost certain that you signed a release when you accepted the settlement. It most likely read something such as: " I hereby release (the insurance company) forever from all liability......blah, blah, blah.....". I don't think even a "Philadelphia lawyer" could reopen this and get anything for you.
Q. Three cars involved in the car accident can the drivers become witness to each other against one driver? circumstances of accident:
i was driving my car in a normal dry road conditions to work as usual with my wife.
i was traveling to city direction. the traffic was congested. i stopped my car at the intersection between two main roads and i was stopping behind the other vehicle (driver b) and i was the last car of the left lane.
as my car was stopped in the intersection between these streets; i realized that the cars on my left side were going to move soon. i signaled my right blinker to turn right, checking the mirrors and windows to make sure there were no cars coming. i started to turn to right lane, the traffic light on my road was about to turn red; during that time there are no car on the right lane i was traveling approximately 20 kph and also estimate the car in front of me (driver b) is about the same.
the accident happened within few seconds after turning, my car was hit by a high speed vehicle (driver a) (i assume his vehicle was over speed limit and also ran the red traffic light.) it impacted with my drivers side door and front guard from his left side front guard, driver a must have been traveling at a fast pace as at impact i lost the control of the steering wheel and hit the driver b on the left lane with minor scratch damaged. fortunately we are not injured.
in this case there are no other witnesses involved; driver a and driver b both claim i was the driver at fault.
q1 can driver a and diver b becomes a witness to each other and making an insurance claim against me?
q2 my wife was sitting next to me can her become a witness?
q3 i didn’t purchase any insurance; is it disadvantage for me?
q4 as i know i was at fault to hit driver b due to i can not handle the steering wheel but with the unexpected high speed hit by driver a i really can’t do anything about it therefore can i sue the drive a pay for the repair cost of driver b because i am sure that he is the driver at fault.
please help me!
from
unlucky man
"Becoz you will have to pay for car damage and lawyer fees..."
If your in Australia , yes both other drivers can claim against you , if you have no insurance you will be up for 2 cars to be repaired , if you dont pay up you will have a law suit on your hands which will cost more and if you lose the case that will cost you even more becoz you will have to pay for car damage AND lawyer fees.
Your in deep sh.t mate
This answer closely relates to:
Q. How does the process of renting a car after being involved in an accident? i had an accident as a matter of fact, i ran over a deer this weekend. the insurance company will be covering the damage plus rental car fees. i'm with farmers insurance. i already reported the claim and verified this. do i just have to go to a rental car company and give them my insurance information and they will know what to do? i sure don't. any help will be appreciated.
"You can go to the car rental place and get a car..."
call your agent and report the claim. they can tell you if you have extended transportation on your policy. if you do, you can go to the car rental place and get a car. most insurance compnaies will set this up for you. farmers should give you the name of your adjuster and he can walk you through the process to get this done. if you do not carry this coverage, it will be up to you to foot the bill for the rental.
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