I received the summons with all the medical bills (which I believed were paid by the insurance). Am I responsible for those bills or just the amount for the pain and suffering? I am in shock over this b/c she was fine at the time of the accident. Thanks!
2007-02-04 04:34:13 · 11 answers · asked by LW1013 1 in Politics & Government ➔ Law & Ethics
she can try, but she likely won't get anything above your liability and whatever your state's pip (personal injury protection) is.
in massachusetts, pip is very limited ($2k or $8k if the person hurt has medicare or medicaid as their insurance) but beyond that, auto insurance is not involved.
but in other states, pip can be extensive.
so it depends...
2007-02-04 04:40:31 · answer #1 · answered by nostradamus02012 7 · 0⤊ 0⤋
You say that you had insurance at the time so send it all to the insurance company with a careful explanation as to why they were not notified at the time. (you did not think that there was any personal injury) and the delay in sending the papers through to them . I would telephone them as well just so they know it's on it's way and get reassurance that they will act and again to make sure they have the papers. If you were covered by insurance then you will be covered for that accident. I do not know about US law but there are many similarities to the law in UK so my advice holds good. Do this and co-operate with the insurance company and you will have nothing to fear other than increased premiums for the next few years. (The increase will not bear any resemblance to how much or how little the claim costs. It will increase because you have had a claim. If you have a fax facility it may be an idea to fax the documents to them before you send the originals. get photocopies if you can. Best wishes. I would be surprised if you have to give up your studies. In UK they have up to three years to make a claim for personal injuries after the date in which they were injured or became aware or should have been aware that they had been injured (there is good reason for the or were aware) I am sure that there will be a similar cut off date in the USA but they are well within it. Your insurance will pick up on that right away
2016-05-24 04:00:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Putting a value on pain and suffering is probably the most difficult task for a jury in any injury case. There is no scientific formula and no chart or table juries, attorneys or insurance companies can look to. Every injury, every injured person, every accident and every case is different and deserves a thorough evaluation. Two people can have the same injury and one can suffer little while the other suffers a great deal; or one offers better proof than the other with more complete documentation or better witnesses; or they can be in two different parts of the country and get completely different settlements or awards.
There are many, many factors that must be taken into account to determine how much money someone will get for their pain and suffering. Juries and insurance companies look at the credibility of the witnesses.
Were the injured person’s actions consistent with those of someone who was in pain?
Were there any pre-existing injuries?
Were they able to do what they normally do in their everyday lives, or were they forced to change or reduce their activities?
What is their tolerance for pain in general?
What do they do for a living?
What is their marital status and family situation?
How sympathetic a witness do they make?
How skilled is their attorney at presenting their case?
All these factors go into the evaluation of pain and suffering. Added either one at a time or in combination, they will effect the outcome of your case.
2007-02-04 05:10:07 · answer #3 · answered by ? 6 · 0⤊ 0⤋
You can be sued. There may be limits on how much can be awarded, but you may have to pay some things that your insurance company does not. If your insurance company did, in fact pay medical bills, you should not have to.
2007-02-04 04:45:41 · answer #4 · answered by fangtaiyang 7 · 0⤊ 0⤋
In this day and age, she can sue for farting in public. Thats just the sad facts of life. Yes, if your insurance company will not cover all the supposed damages, she can sue you for what she considers how much it is going to cost in total. Remember, thats why we have lawyers. So they can sue and make a living.
2007-02-04 04:41:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
She will have to settle with your insurance company first and it is their job to protect your rights. she will have to sign a release of all claims and may have to pursue an underinsured claim on her own policy. Talk to the claims adjuster handling your claim. They can tell you the status of the claim and if you need to obtain legal counsel. Your insurance company must notify you if they are not able to pay for all the damages. Good luck
2007-02-04 05:00:20 · answer #6 · answered by cinsingl83 3 · 0⤊ 0⤋
The "pain and suffering" may also be covered by another part of your insurance. Call your agent. They should provide an attorney.
2007-02-04 04:40:03 · answer #7 · answered by ckm1956 7 · 0⤊ 0⤋
Next time you better have a minimum 3 to 5 million dollars coverage on your car insurance. You could lose everything you have if you do not have enough coverage.
2007-02-04 04:45:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Your first question asks "can she sue me..."
The answer is always yes. Anybody can sue anybody for anything. Doesn't mean she/he is going to win.
Second question - call your insurance agent. Let them defend you. If you are at fault and you hurt somebody, yes, you may have to pay for pain and suffering.
Good luck.
2007-02-04 04:39:42 · answer #9 · answered by P W 3 · 0⤊ 0⤋
Absolutely.
2007-02-04 04:37:30 · answer #10 · answered by up y 3 · 1⤊ 0⤋