Got hit by a hit and run drunk driver that was caught by a police officer who saw the whole thing. He had insurance with limits of 30 / 60 K. Long story short, my medical bills have totaled $38,000 with future needs still outstanding. His insurance co. has offered me his maximum payout. Fine, but based on the insurance industry own formula I'm entitled somewhere between $114,000 and $152,000 for pain and suffering, lost wages etc, etc.
My question is, will my underinsured coverage come into play here. One attorney told me underinsured does not cover punitive actions, only actual costs. Is this true? So then who pays for the pain and suffering portion of a claim?
Also, why won't his insurance co. tell me what he was insured for? All they will say is yes he had coverage, so I assumed it was the state minimum since this guy is a real looser. Don't they have to tell me? Anyway I can find out if he had additional coverage? Thanks in advance.
2007-02-28 15:34:02 · 5 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
No, the limits of his coverage are really none of your business. If you happen to exceed those limits you will be told that, and then you can claim any excess on your under insured portion of your insurance. And the attorney is correct, you don't get covered for "pain and suffering" and it's not up to you to even ask for "punitive damages." You will be compensated for your tangible losses.
2007-02-28 16:16:39 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
Your attorney was correct; underinsurance only covers actual costs.
What you're entitled to and what the other driver's insurance will cover are, obviously, not always in sync.
You should be talking to your own insurance company.
2007-02-28 15:42:19 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer. Insurance companies are in it for themselves, not you. you have certain rights that you MUST preserve. Your insurance company will not fight another company for you. Only way to take care of this is to force the issue. Believe me, after 8 years as a CHP fatal accident investigator, this is the only way.
Good luck!
2007-02-28 15:42:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Nope, as previously answered by myself and others...you are not entitled to know what his limits are and the only way to know if HE has additional insurance is for YOU to ask HIM.
As for whether you have a UIM claim, you HAVE to ask YOUR insurance company about this, as UIM laws vary from state to state. If you don't want to ask your insurance company, then you need to read your policy. It's in plain english and relatively simple to understand.
2007-02-28 17:08:31 · answer #4 · answered by bundysmom 6 · 0⤊ 0⤋
They don't HAVE to tell you his policy limits because if you know how much his policy is worth it's inviting them to write larger checks. They're going to try to get out as cheap as they can. Your best bet is to talk to a personal injury lawyer to help protect your rights. Most will give free consultation to see if they can help you. You will get more with legal representation than you would on your own... Good Luck....
2007-02-28 15:42:45 · answer #5 · answered by Daniel S 2 · 0⤊ 0⤋