Car accident-need advice pls

[Anonymous]

Virginia has the collateral source rule, which means his insurance coverage is irrelevant--whatever is paid out for him--from health insurance, any personal disability coverage, etc.--inures to his benefit, and not yours. They will subrogate out of his settlement.

That said, I am pretty sure Virginia is also a contributory negligence state, so perhaps your insurance carrier should work that angle. Unclear to me if he had the last clear chance to avoid the accident.

250K is NOT enough coverage. A rule of thumb is medical costs (not deducting anything for what their insurance will pay in VA), plus three times that for pain and suffering, plus lost wages. Why is your coverage so low?

[Anonymous]

OP, every one of your posts hint that he's somewhat at fault, or doing something wrong. I don't care if he was coming from a bank robbery, YOU were the only one at fault here. Stop trying to insinuate he should have done something (had insurance, seen you, braked sooner, blah, blah, blah) and be thankful your family wasn't killed. Period. Be thankful your family was not hurt more. The end.

[Anonymous]

Anonymous wrote:He is asking for medicals, lost wages, property damage and pain and suffering. Your insurance carrier is obligated to inform you if the damages are likely to exceed your policy limits. You are responsible for the difference. Whether you will be pursued for that difference depends on factors such as whether they reach a settlement, whether you have jobs and assets, etc.

As to him having or not having insurance, that is irrelevant. You would owe the money even if he has insurance.

If he has preexisting conditions you are responsible for any worsening. You don’t get a good pass.

+1 I was hit by a car and the driver was under insured. However, I doubt that the guy's whiplash is worth more than my broken bones and overnight hospital stay, and my claim was $250K.

The letter is just stating that it *may* be over, not that it is. It will depend on how much his lawyer (if he gets one) tries to claim, and if it goes to court, and how much he is awarded.

[Anonymous]

Your insurance comes with a lawyer, actually a building full of lawyers who will work on your and their behalf to reach an equitable settlement with the other party that you have injured. Let your insurance company handle it

OP, you have insurance *in order to* make this not-your-problem

[Anonymous]

Anonymous wrote:OP, every one of your posts hint that he's somewhat at fault, or doing something wrong. I don't care if he was coming from a bank robbery, YOU were the only one at fault here. Stop trying to insinuate he should have done something (had insurance, seen you, braked sooner, blah, blah, blah) and be thankful your family wasn't killed. Period. Be thankful your family was not hurt more. The end.

+1

... or his family.

... or some innocent little kids walking across the road.

The entitlement from OP is incredible.

[Anonymous]

OP here. got hold of insurance finally.

Bodily Injury payout was around 6k, and insurance has a signed release.

For property, 40k was already paid out for the Ford F350.
Now tow truck company is asking for 54k for 4 weeks between accident and payout... lost business revenue ie just for month of July. That is at the boundary of 100k property damage coverage, hence the advance notice from insurance.

Insurance is asking for supporting docs.

Quick question for people who know legal stuff. Apologize for my ignorance but how long can they continue to make claims and what other grounds, is pain and suffering covered under bodily injury or is it still an open item? Trying to figure out if I need a lawyer consult.

[Anonymous]

Stop
You got the best advice before
STAY OUT OF IT
Let insurance handle it !!!

[Anonymous]

Anonymous wrote:OP here. got hold of insurance finally.

Bodily Injury payout was around 6k, and insurance has a signed release.

For property, 40k was already paid out for the Ford F350.
Now tow truck company is asking for 54k for 4 weeks between accident and payout... lost business revenue ie just for month of July. That is at the boundary of 100k property damage coverage, hence the advance notice from insurance.

Insurance is asking for supporting docs.

Quick question for people who know legal stuff. Apologize for my ignorance but how long can they continue to make claims and what other grounds, is pain and suffering covered under bodily injury or is it still an open item? Trying to figure out if I need a lawyer consult.

https://injury.findlaw.com/car-accidents/car-accident-insurance-claims-time-limits.html
"...Car accident insurance claims time limits depend on the insurance provider and the laws of your state. However, generally, a claim for personal injuries needs to be filed within two years, and property damage claims must be filed within three years. The legal term for this filing deadline is a statute of limitations...."

[Anonymous]

This is also why it's important to carry an umbrella policy -- very inexpensive and provides additional monetary coverage above your standard home and auto policies.

[Anonymous]

Scammers who don't get insurance and want a pay day

[Anonymous]

Anonymous wrote:Scammers who don't get insurance and want a pay day

Probably, but unfortunately for Op, she ran a stop sign so it’s her fault.

[Anonymous]

Dashcams and Tesla can will protect you from these scammers
https://www.liveleak.com/browse?q=insurance%20scam
https://www.liveleak.com/view?i=fe9_1348621662

[Anonymous]

If you don't have insurance the guy should be deported

[Anonymous]

https://www.ice.gov/webform/hsi-tip-form

[Anonymous]

Hope you have an umbrella policy