Insurance Company Bad Faith on my PIP Claim?

[ny86]

I would check NY PIP for you again, but i believe the car's owner/registrant's insurance will cover anyone in the car 50k per person. + 50k if he purchased the additional pip.

But the problem is, whose car was it? And you say there was no insurance, so how were you able to take the car and drive it? You have your own insurance, but if the insurance for the car you were driving was canceled how did it legally have plates and drive?

if it was your car and your insurance, they would cover up to the 100k coverage you have. I think we should determine whose car and whose insurance it has first.

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here is some languages to look at DJS

everywhere i read, shows

so the car's owners insurance will cover?

I was in a rental car that was insured as well.

I put a claim for PIP and UM through my insurance because the at-fault is under-insured.

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I believe you follow the regulations for the state you were in. Florida is 80% medical expense, 60% lost wages up to $10,000. After that you just have to sue the at-fault party. You might be out of luck.

I'm not out of luck. My case is being handled still and my insurance co. never denied it because they aren't responsible for the bills.

 

[Milkman1265]

I'm not saying who should be liable for the payment, but i'm trying to figure out what happen in the accident.

Can you give us a background of what happen? How does all this go onto your brother? Was he the driver of a rental car? Was it his car? I'm not sure of the details. It's very vague.

NY is no fault state so regardless of fault, driver's PIP takes over for medical up to the limit.

I was in a rental car that was insured as well.

I put a claim for PIP and UM through my insurance because the at-fault is under-insured.

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I'm not out of luck. My case is being handled still and my insurance co. never denied it because they aren't responsible for the bills.

 

[ny86]

I'm not saying who should be liable for the payment, but i'm trying to figure out what happen in the accident.

Can you give us a background of what happen? How does all this go onto your brother? Was he the driver of a rental car? Was it his car? I'm not sure of the details. It's very vague.

NY is no fault state so regardless of fault, driver's PIP takes over for medical up to the limit.

My brother lived with me at one point with his own car insurance. His policy was cancelled in March of 2012. Accident occurred in July 2012 My insurance said to go to my brother's policy for PIP but it was cancelled well before the accident.

Thats how he is involved now.

 

[Milkman1265]

My brother lived with me at one point with his own car insurance. His policy was cancelled in March of 2012. Accident occurred in July 2012 My insurance said to go to my brother's policy for PIP but it was cancelled well before the accident.

Thats how he is involved now.

I got that, but what is the details of the accident?

Was your brother driving your car? his car? you were driving your brothers car? rental car?

 

[ny86]

I got that, but what is the details of the accident?

Was your brother driving your car? his car? you were driving your brothers car? rental car?

I was in a rental car with my friend. My brother has nothing to do with this at all besides my insurance saying go his cancelled policy (which makes no sense).

My friend had no serious injuries.

 

[Milkman1265]

i never heard of a company telling you to go to a uninvolved third party for pip. unless he was involve someway.

did your brother rent the car for you?

what was the reasoning for the company to tell you to claim your brother's insurance.

 

[ny86]

i never heard of a company telling you to go to a uninvolved third party for pip. unless he was involve someway.

did your brother rent the car for you?

what was the reasoning for the company to tell you to claim your brother's insurance.

Again sir, my brother is not involved in any way. He used to live in my household before he moved out. They said his insurance policy was the "personal lines auto policy" for my household and i should go to them for payment. Which is not true because he no longer lives with me and his policy is cancelled 4 months before my accident.

 

[Milkman1265]

I'm stumped, i'm not really sure why they would tell you to use his insurance if he was not involved in anyway, other than living with you and not even having a policy at the time of the accident.

I'm not 100% sure but i think it is stipulated that no fault insurance will take care of you medical bills up to 50k with out questioning whose fault, if you were the driver involved in an accident.

 

[djs]

There seems to be more to this story.

My advice is to talk to the claims handler and ask why you are being sent to the brothers policy. Obviously, there is something here, some paperwork detail that isn't stated in this thread.

Failing that, its time to hire an attorney and have them pursue it. Insurance companies don't usually deny claims that are black and white, there is a reason. That reason sometimes is a snafu that they need to be pushed to fix, other times its legit or sometimes its a misunderstanding over how something was presented.

It sounds like you have worked this to the extent you can, which is good, but it is probably time to step it up a bit.

Dan

 

[Milkman1265]

I was going to suggest talking to a lawyer, but i remember some guy here always complain about directing people to lawyers lol... didn't want to be the one who suggested it.