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Started By
Message
re: Uninsured Motorist Claims Process
Posted on 11/14/18 at 3:49 pm to slackster
Posted on 11/14/18 at 3:49 pm to slackster
quote:
Why do you need a lawyer to make a claim on your own policy?
Because insurance companies regularly attempt to not pay the full amount a claim should be for. It is kinda their business model.
2
Posted on 11/14/18 at 3:50 pm to slackster
quote:
Why do you need a lawyer to make a claim on your own policy?
Because the UM carriers have armies of lawyers ready to challenge and try to shred your claim to pieces. If you claim injuries and are not satisfied with what is being offered to you (if anything), then you'll need to file suit.
Posted on 11/14/18 at 3:53 pm to TigerDonk
quote:
Because insurance companies regularly attempt to not pay the full amount a claim should be for. It is kinda their business model.
Sure, but none of that is necessary on your original claim. I don't see the point of pre-emptively hiring a lawyer, but I could be mistaken.
Posted on 11/14/18 at 3:57 pm to slackster
quote:
I don't see the point of pre-emptively hiring a lawyer, but I could be mistaken.
Bottom line is if you are seriously injured and approach the insurance company they are going to look at you like a great white looks at a surfer thrashing around in the water and your recovery, if any, will be valued accordingly.
Posted on 11/14/18 at 4:00 pm to Festus
quote:It doesn't work that way. The auto insurance policy would be the primary coverage. After the coverage is exhausted, the health insurance would pay...subject to limits, deductibles and exclusions.
Use your health insurance to pay for the medical bills and don't make a claim for pain and suffering, and the hit won't be so bad.
Posted on 11/14/18 at 4:04 pm to BoomBoomBoom
UM carriers are not supposed to raise your rates because you made a claim. That would defeat the point of having UM.
LINK
LINK
This post was edited on 11/14/18 at 4:05 pm
Posted on 11/14/18 at 4:06 pm to slackster
quote:You don't if the claim is solely for property damage to your vehicle. You should have a lawyer if you're attempting to claim injuries under your uninsured motorist coverage.
Why do you need a lawyer to make a claim on your own policy?
Posted on 11/14/18 at 4:10 pm to TigerDonk
And there aren’t laws against that?
Or there aren’t attorneys looking to stick it to the companies for bad faith by any means necessary?
Arbitrarily fighting/paying less than what a claim is worth would cost them a lot more with bad faith suits than paying claims.
Or there aren’t attorneys looking to stick it to the companies for bad faith by any means necessary?
Arbitrarily fighting/paying less than what a claim is worth would cost them a lot more with bad faith suits than paying claims.
Posted on 11/14/18 at 4:29 pm to Murtown
quote:
Premiums cannot be raised due to a UM claim.
I was told the same when I had to use my policy. Of course State farm will find many other ways to raise your rate.
Posted on 11/14/18 at 4:51 pm to Breauxfessor
quote:
1. Was the insurance company successful in collecting from the at-fault party, therefore you receiving a refund of your deductible?
no
quote:
2. Did your premiums go up?
no
quote:
3. Any other thoughts/insights?
Dude was going to walk free till I took the time and went to court each time he had to go in front the judge. Was 5 times due to a DUI. Came down he had to pay me my deductible which was $100. My insurance paid to fix my jeep. It wasn't the fact that asswipe was just going to walk away free. By me pushing it, the judge had to throw the book at him for the DUI.
Posted on 11/14/18 at 5:10 pm to TigrrrDad
quote:
3. He got a herniated disc and has had back trouble ever since. I didn’t seek anything from my insurance company other than what was given for the car. I feel like they did their part in covering the car.
How old is your kid? He has until 18 to recoup for Medical and hardship
Posted on 11/14/18 at 5:28 pm to BoomBoomBoom
quote:
It doesn't work that way. The auto insurance policy would be the primary coverage. After the coverage is exhausted, the health insurance would pay...subject to limits, deductibles and exclusions.
Not exactly....my wife was TBoned by a guy with minimum coverage in TN..like 12-25k...She was helicoptered to hospital and in ICU for 4 days. My un-insured was something like 100k...my auto paid for car replacement, his went towards medical I believe...first bill was 67k, then another for 15k, then more and more... probably ended up 250+...she ended up getting a pain & suffering check from my insurance for 72... health insurance paid a huge chunk of bills... before auto paid claim they wanted to sue the other driver...an attorney I spoke with said we had first rights to any claims, so unless I was to sue driver...tell them you want one dollar more than what they are sueing for..claim paid two days later
Posted on 11/14/18 at 5:56 pm to hubreb
quote:It can vary somewhat by state. In your wife's claim you are including UM property damage and UM bodily injury. Many states don't have UM PD...they pay those claims under collision coverage, subject to the deductible. When in comes to Bodily Injury, the auto insurance is always the primary coverage when the insured is injured in an auto accident. Now the bulk of the UM or all of the UM coverage may be exhausted for pain & suffering, lost wages, etc before the medical bills are paid. Then the health insurance would pay the medical bills.
Not exactly....my wife was TBoned by a guy with minimum coverage in TN.
The poster I replied to advised the OP to use their health insurance to pay all medical bills and don't submit a claim for pain and suffering in order to minimize a rate increase from the claim. That is incorrect for 2 reasons. First is the hierarchy of coverage with the auto policy being primary. Second, the insurance company would not raise their rates for a non-fault accident. Much different than your wife's claim.
Hope your wife made a full recovery.
Posted on 11/14/18 at 6:25 pm to BoomBoomBoom
quote:
It can vary somewhat by state. In your wife's claim you are including UM property damage and UM bodily injury. Many states don't have UM PD...they pay those claims under collision coverage, subject to the deductible. When in comes to Bodily Injury, the auto insurance is always the primary coverage when the insured is injured in an auto accident. Now the bulk of the UM or all of the UM coverage may be exhausted for pain & suffering, lost wages, etc before the medical bills are paid. Then the health insurance would pay the medical bills.
The poster I replied to advised the OP to use their health insurance to pay all medical bills and don't submit a claim for pain and suffering in order to minimize a rate increase from the claim. That is incorrect for 2 reasons. First is the hierarchy of coverage with the auto policy being primary. Second, the insurance company would not raise their rates for a non-fault accident.
here is a real world scenario:
I was always told that it is unnecessary to have UMBI (uninsured bodily injury) if you have good health insurance that will cover your medical bills. A friend was severely injured and had to be helicoptered to a hospital and the helicopter ride itself cost $60K and was not covered by his health insurance. His medical bills were covered by his health insurance, but not the helicopter ride. This is why you should have IMDB. If you have full COLLISION insurance, it will cover any PROPERTY damage caused to your vehicle by an uninsured motorist but not your medical bills.
The whole pain and suffering and lost wages is a different issue settled in civil court.
Posted on 11/15/18 at 6:17 am to slackster
quote:
Why do you need a lawyer to make a claim on your own policy?
Because the OP is coming to a message board where he’s gotten several really bad responses that are just plain wrong. Plus, even his own insurance is highly unlikely to pay him fairly. There are a bunch of pitfalls he can face. But go ahead and try your luck.
Posted on 11/15/18 at 1:05 pm to CaptainsWafer
quote:
CaptainsWafer
quote:
And there aren’t laws against that?
I'm not a lawyer. I think so?
There are also laws against driving uninsured. They don't always work.
quote:
Arbitrarily fighting/paying less than what a claim is worth would cost them a lot more with bad faith suits than paying claims.
Actually it is the opposite. Most people settle for what is offered.
Key point is you don't want to enter into any agreement or settlement without legal advice.
You can accept an offer without being aware by accepting partial payments, signing a check, et cetera.
Posted on 11/15/18 at 1:28 pm to TigerDonk
quote:
Actually it is the opposite. Most people settle for what is offered.
Key point is you don't want to enter into any agreement or settlement without legal advice.
You can accept an offer without being aware by accepting partial payments, signing a check, et cetera.
To me the deciding factor in hiring an attorney or not would be medical bills. If you were injured, you better hire an attorney
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