Uninsured Bodily Injury

[xrac]

My guess is no pain and suffering from your freinds coverage just medical up to but not exceeding $25K.

 

[lorrieduke]

My guess is no pain and suffering from your freinds coverage just medical up to but not exceeding $25K.

Yes but can I collect from the other vehicles coverage (if they have it) also. I mean if my friends isn't enough to cover everything. Or can I only collect from one and not the other?

 

[djs]

You can collect from the other drivers coverage until it is exhausted and then additional coverage from your friends. They will stack, but not duplicate. You will not be paid for the same thing twice.

The hospital bills are probably pre-insurance rates. Likely the bill will come down once billed to an insurance company.

Filing a claim on your friends policy, if she is determined to be not at fault, will not have any significant impact on her rates. In CA, rating impact is done to the primary at fault driver, though your friend may lose a very very minor claims free discount (unlikely, but I've heard of this happening).

Also, UMBI extends the other drivers limits to your limits (your friend in this case). It doesn't go over the top of it. For instance, if their limit is 15K, their insurance will pay the first $15K of a claim, then your policy will pay up to its limits, in this case the next $10K, not an additional $25K.

Probably not much need for an attorney just yet. Wait till you are in the settlement. As has been pointed out, if you have an attorney, they don't work for free.

Dan

 

[lorrieduke]

You can collect from the other drivers coverage until it is exhausted and then additional coverage from your friends. They will stack, but not duplicate. You will not be paid for the same thing twice.

The hospital bills are probably pre-insurance rates. Likely the bill will come down once billed to an insurance company.

Filing a claim on your friends policy, if she is determined to be not at fault, will not have any significant impact on her rates. In CA, rating impact is done to the primary at fault driver, though your friend may lose a very very minor claims free discount (unlikely, but I've heard of this happening).

Also, UMBI extends the other drivers limits to your limits (your friend in this case). It doesn't go over the top of it. For instance, if their limit is 15K, their insurance will pay the first $15K of a claim, then your policy will pay up to its limits, in this case the next $10K, not an additional $25K.

Probably not much need for an attorney just yet. Wait till you are in the settlement. As has been pointed out, if you have an attorney, they don't work for free.

Dan

Wow lots of wonderful info! So, let's say my friends UMBI limit is $25k and the other drivers limit is 25k. Is the most I'll have for coverage 25k?
I'm a bit confused. I understand they won't duplicate (very understandable) but if my friends policy covers all my medical bills,then it's exhausted, I'm guessing I won't be able to pursue pain and suffering from the guy at fault?

 

[djs]

Actually, the other drivers is primary and you are working against his liability limits. They may be higher, in which case that is all you'll need.

They may be the same, in which case your friends will not come into play at all.

They may be lower or the driver may not have coverage, in which case, then your friends will be needed.

I caution all of this with the fault determination has to happen first. Without that, nothing will occur. This may not be an issue, but I've just seen very different stories come out between drivers before.

Dan

 

[lorrieduke]

Thank you! You're very helpful!

 

[ToddC]

T I'm weary about collecting from the policy on the vehicle I was in because this is my friend of 38 yrs. and don't want to stir up any problems in our relationship.

Don't worry about it... your friend (and many other people) are paying a premium to the insurance company for this coverage. It's like buying a vehicle with a 3 year warranty and then feeling bad about using the warranty. Insurance companies seldom loose money.

It would not affect your friends rates as that would have to do with who's responsible in the loss.

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My guess is no pain and suffering from your freinds coverage just medical up to but not exceeding $25K.

UMBI does address pain and suffering in addition to the medical bills.

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Yes but can I collect from the other vehicles coverage (if they have it) also. I mean if my friends isn't enough to cover everything. Or can I only collect from one and not the other?

Each state has slightly different UMBI laws. What would happen is if the other carrier provides coverage then you go after that person's policy first. If you agree to accept less then their policy limits then it's game over. If they offer you their insured's policy limits then before accepting you go to your friends carrier and ask them for permission to accept that offer (put it in writing). Usually they have a very short time to say yes or no. I've never seen a carrier say no.* You've also already put your friends carrier on notice that you will be pursuing a UMBI claim. Just send them an email or letter stating this. Once your friends carrier either allows you to accept or says nothing (same as an okay) then you accept the liability payment from the other carrier. You then need to pursue the remaining part of your injury claim with your friends carrier.

I think you mentioned the other carrier has $25k in BI coverage. In your head your claim is worth $35,000. So you collect the $25k from the other carrier and then make a demand from your friends carrier for the remaining $10,000. Of course you can expect your friends carrier to offer less.. and even tell you that you have a $25,0000 claim but that is now their job... to pay as little as possible to settle the claim. You will need to play poker and negotiate with them.

So you collect from the at fault person's carrier and, if their limits were not enough you then go to your friend's carrier for the difference. If the other carrier denies coverage then this is the same thing... the other person's carrier did not have enough ($0) to settle your claim so you go to your friends carrier for the entire amount of your demand.

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Wow lots of wonderful info! So, let's say my friends UMBI limit is $25k and the other drivers limit is 25k. Is the most I'll have for coverage 25k?
I'm a bit confused. I understand they won't duplicate (very understandable) but if my friends policy covers all my medical bills,then it's exhausted, I'm guessing I won't be able to pursue pain and suffering from the guy at fault?

In _some_ states you would not be able to collect UMBI. This is rare and I can't think of the state where this applies. The laws there basically say you can only collect from UMBI for the amount of the UMBI limit _above_ the BI limit.

So if the BI limit were to be $25k and the UMBI limit is $25k then the UMBI is not owed as it's the same as the BI limits. The UMBI carrier will tell you up front if this is the case. I suspect it won't be as I only know of one state where this applies.

In most states you'd demand $25k from the BI carrier...as your claim is "worth" $35k and once this is paid you'd present a claim against the UMBI carrier for your additional $10k.

 

[lorrieduke]

Would it be appropriate to ask Progessive the policy limits of their insured (person at fault)?

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Don't worry about it... your friend (and many other people) are paying a premium to the insurance company for this coverage. It's like buying a vehicle with a 3 year warranty and then feeling bad about using the warranty. Insurance companies seldom loose money.

It would not affect your friends rates as that would have to do with who's responsible in the loss.

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UMBI does address pain and suffering in addition to the medical bills.

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Each state has slightly different UMBI laws. What would happen is if the other carrier provides coverage then you go after that person's policy first. If you agree to accept less then their policy limits then it's game over. If they offer you their insured's policy limits then before accepting you go to your friends carrier and ask them for permission to accept that offer (put it in writing). Usually they have a very short time to say yes or no. I've never seen a carrier say no.* You've also already put your friends carrier on notice that you will be pursuing a UMBI claim. Just send them an email or letter stating this. Once your friends carrier either allows you to accept or says nothing (same as an okay) then you accept the liability payment from the other carrier. You then need to pursue the remaining part of your injury claim with your friends carrier.

I think you mentioned the other carrier has $25k in BI coverage. In your head your claim is worth $35,000. So you collect the $25k from the other carrier and then make a demand from your friends carrier for the remaining $10,000. Of course you can expect your friends carrier to offer less.. and even tell you that you have a $25,0000 claim but that is now their job... to pay as little as possible to settle the claim. You will need to play poker and negotiate with them.

So you collect from the at fault person's carrier and, if their limits were not enough you then go to your friend's carrier for the difference. If the other carrier denies coverage then this is the same thing... the other person's carrier did not have enough ($0) to settle your claim so you go to your friends carrier for the entire amount of your demand.

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In _some_ states you would not be able to collect UMBI. This is rare and I can't think of the state where this applies. The laws there basically say you can only collect from UMBI for the amount of the UMBI limit _above_ the BI limit.

So if the BI limit were to be $25k and the UMBI limit is $25k then the UMBI is not owed as it's the same as the BI limits. The UMBI carrier will tell you up front if this is the case. I suspect it won't be as I only know of one state where this applies.

In most states you'd demand $25k from the BI carrier...as your claim is "worth" $35k and once this is paid you'd present a claim against the UMBI carrier for your additional $10k.

How do I find out what the policy limits are of the person at fault? I mean, how do I know what to ask for? So far my medical bills are exceeding 20k. I asked the claims gal at Progessive who told me there was plenty to cover my medical expenses but that's all she said. Told me she was not at liberty to tell me what the policy limits are without the insures permission. I feel I'm owed pain and suffering but don't know how to ask for it or what amount to ask even ask for.

 

[ToddC]

How do I find out what the policy limits are of the person at fault? I mean, how do I know what to ask for? So far my medical bills are exceeding 20k. I asked the claims gal at Progessive who told me there was plenty to cover my medical expenses but that's all she said. Told me she was not at liberty to tell me what the policy limits are without the insures permission. I feel I'm owed pain and suffering but don't know how to ask for it or what amount to ask even ask for.

From that response it sounds like it might be a CA loss. Each state has different laws on releasing this information. Some require that they give it to you, others don't. In states where it's not owed some adjusters don't like to give it out. However, this can create some issues. Such as you demanding $100,000 when it's a $25,000 policy and you then spend the next 6 months lowering your demand until it's even within the limits. This is why an adjuster, if nothing else, will/should give you a heads up as to if the limits appear to be an issue to them. For example, if your medical bills were $20,000 and I saw a $100,000 policy limit I'd probably tell you that the limits were not an issue. If I saw $50,000 I may very well tell you they are an issue.

My recommendation is to request the limits in writing. Send an email or fax. Give the adjuster 30 days to produce this information. If you are entitled to it, then you are entitled to the policy. But most people just ask for the Declarations Page which contains the limits.

I can't help you with your demand as no one here can review your treatment, notes and bills. You should certainly start high as the adjuster will start low. This is done so that there is plenty of room to move on the offer/demand. However,I will say asking for $500,000 in this case is going to send a message that you are not even trying to be reasonable.

 

[lorrieduke]

From that response it sounds like it might be a CA loss. Each state has different laws on releasing this information. Some require that they give it to you, others don't. In states where it's not owed some adjusters don't like to give it out. However, this can create some issues. Such as you demanding $100,000 when it's a $25,000 policy and you then spend the next 6 months lowering your demand until it's even within the limits. This is why an adjuster, if nothing else, will/should give you a heads up as to if the limits appear to be an issue to them. For example, if your medical bills were $20,000 and I saw a $100,000 policy limit I'd probably tell you that the limits were not an issue. If I saw $50,000 I may very well tell you they are an issue.

My recommendation is to request the limits in writing. Send an email or fax. Give the adjuster 30 days to produce this information. If you are entitled to it, then you are entitled to the policy. But most people just ask for the Declarations Page which contains the limits.

I can't help you with your demand as no one here can review your treatment, notes and bills. You should certainly start high as the adjuster will start low. This is done so that there is plenty of room to move on the offer/demand. However,I will say asking for $500,000 in this case is going to send a message that you are not even trying to be reasonable.

Thank you very very much and thanks to everyone else who's provided advice/information. I appreciate it so much.