My mom was hit head-on by a teenager without a license or car insurance going 60mph. My mom was driving 50mph. Both cars were totaled. The teenager was at fault.
Our insurance company reimbursed my mom for her car. My mom was in the hospital for over a week, and was bed-ridden for more than a month.
She has extra "Uninsured Motorists" coverage but our insurance company doesn't want to give her any of her "Uninsured Motorists" coverage.
How can she get her uninsured benefits? What is the most effective way to go about this?
Thanks!
2007-10-20 08:37:30 · 8 answers · asked by andymaninusa 1 in Cars & Transportation ➔ Insurance & Registration
We are in Arizona. The accident was in December of 2005.
2007-10-20 10:47:46 · update #1
Without knowing what state this happened in my answers will be of a general nature.
Uninsured Motorist Bodily Injury (UMBI) coverage takes the place of the insurance that the uninsured idiot should have had. The problem your mother has is that the UMBI won't be paid as medical bills or lost wages are incurred. It is handled as a 3rd party claim (The same would hold true if the uninsured idiot had insurance). In a 3rd party claim benefits are not paid until the end of the claim.
There is nothing illegal about their handling of this matter, while it might not seem fair, it is legal.
As far as why they won't pay the benefits up front , that is because in most states an injury claim has to be settled with 3 years of the date of the accident (referred to as Statute of Limitations) OR the last payment. For example, if the accident happened 9/1/07 then your mother has to settle or file a lawsuit for her UMBI claim by 9/1/10. However let's say that her company makes a partial payment under her UMBI coverage on 12/15/07 then that pushes the Statute of Limitations out to 12/15/10 instead of 9/1/10. And each time they would make a payment then the Statute of Limitations get pushed out.
Getting a lawyer isn't going to change any of this. I would suggest that your mother ask them for a written explanation as to why the UMBI benefits won't be paid. Then she can confirm this with an attorney, who if they aren't a scumbug will tell her that nothing can be done about this.
If her auto policy doesn't have med pay or PIP to pay the medical bills then she should turn the bills into her health insurance. They may pay them up front, but if they do they will want to be reimbursed for them when your mother's claim is settled.
Good Luck and I hope your mother makes a full recovery.
2007-10-20 10:10:58 · answer #1 · answered by fighting saints 6 · 0⤊ 0⤋
> If I rear end an uninsured driver and my insurance company pays their medical and car damage, can I be sued? In USA anybody can sue for anything. This is a FREE country - free to do just about anything (stupid - I know). ==== > I rear ended someone yesterday, and I got a call from my > insurance company today that the driver's lawyer filed a claim. that is not a necessarily a law suit. A claim is what people normally do in any accident damage (assuming damage). ==== > I'm more concerned about medical claims, especially because she is 7 months pregnant (she was fine at the time). Yeah... That would be a problem (or possible problem). ==== > My insurance is alright, but i was concerned when the agent suggested I up everything for "next time". Now your own insurance agent it trying to hit you. Don't get me wrong. Extra insurance is great. But often lawyers check your policy limit and often decide NOT to sue if the limit is very low. But they really do come into use if you were to have a GIANT accident. Good luck.......
2016-05-23 22:09:24 · answer #2 · answered by paris 3 · 0⤊ 0⤋
She has "uninsured motorists" coverage for what? For vehicle damage, for health care, for what?
If they paid for the car, that should satisfy the coverage. But if you think they owe more, get a lawyer to look over it first.
2007-10-20 15:56:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Start by asking your insurance adjuster 'why?'. It could be that there is a logical explanation. If not, then maybe they will pay it. Not nearly enough information to give you a reasonable answer.
Why is it some dink always suggests hiring a lawyer for EVERY situation? I'll bet those people can't even take clothes to a dry cleaner without the help of a lawyer -- or their mommy.
2007-10-20 12:15:22 · answer #4 · answered by Anonymous · 1⤊ 0⤋
This coverage only kicks in AFTER health insurance and all applicable auto insurance. If the teenage does not has car insurance and is dependant on their parents, then their parents are also liable for the damage's their kids caused.
Verify if you Mom's insurance company is looking into the parent's insurance too.
2007-10-20 19:18:35 · answer #5 · answered by PeppermintandPopcorn 3 · 0⤊ 1⤋
Did your ins co tell her why she does not receive "uninsured motorist" benefits?Have you asked the ins co or the agent?
What did they tell you?
2007-10-20 09:02:23 · answer #6 · answered by TedEx 7 · 0⤊ 0⤋
Get a lawyer. Make sure it's one who will only charge upon successful winning of the suit. trust me, fighting an insurance company without a lawyer will only wind up hurting you more. And even then..it's no guarantee.
2007-10-20 08:46:28 · answer #7 · answered by Anonymous · 0⤊ 3⤋
You expect us to know WHY they arent giving you the coverage? OBVIOUSLY there is a reason and you arent telling us. Maybe we could actually HELP you if you told us why they are saying she isnt gettnig the coverage. duh.
2007-10-20 11:43:35 · answer #8 · answered by Anonymous · 1⤊ 0⤋