MS2KJ

My wife had an accident about two years ago. My insurance company (Progressive) is having trouble settling one of the other driver's injury claim. I really don't know what the exact circumstances are (the claim agent just left me a VM without much detail) but she said that they might file suit.

I've never been involved in this type of situation. What does this mean? Is this a "standard" type of thing or should I be thinking about getting a lawyer? Thanks all in advanced.

Mike

Chug-A-Bug

Assuming this is a claim against your wife by the other driver....

The other driver is going to sue your wife. Get ready. Don't freak out. AS SOON as you get the papers, call your insurance agent. The insurance company will hire an attorney and pay for the defense, as well as any judgment up to the policy limits, less the deductable (if there is one). Typically in these situations, the insurance company is going to be calling all the shots in terms of, who represents you and what they do, and at what point they wish to settle, if they wish to settle. The only thing required of you and your wife is to cooperate in the process and do as you are instructed by the insurance defense attorney hired to represent you.

Consult with the attorney you get about whether or not the claim is likely to exceed the policy limits. This is very rare but every situation is different. This is usually the case only where the injuries are very severe (i.e. death of a high earner) and your policy is inadequate ($10k per claim) and you're a big fat tempting target (daddy warbucks).

In the odd event the insurance company refuses to defend you (they discover you didn't pay your bill, or they claim you lied to them about something critical in applying for your policy), you will need to get a lawyer to defend yourself against the other driver.... and go after the insurance company. This sounds very unlikely considering they've already been negotiating with the other driver.

So, just sit tight, cooperate with your insurer, and it will all be over some day.

MS2KJ

Thanks for the quick response. I really appreciate it.

Yes, I'm the primary policy holder and my wife is listed on the policy.

All I know is that she received medical payments from my insurance company since the accident happened. I don't know anything about the other driver or her conditions. I was there at the scene and although the other driver left in an ambulance, I was told that no one was really really hurt.

No one died, my Bodily Injury coverage is 100K per person 300K per accident and no, I'm not a tempting target At least I don't think I am.

Like I said, I haven't talk to the claim agent, (I will on Tuesday) but I was just worried about what she was going to say. She didn't provide much info and I've never had this happen.

Anyway, I don't see any reason why my insurance company wouldn't take care of this for me...I really can't think of any problems on my side as far as the policy.

Thanks again.

Mike

Chug-A-Bug

you're welcome.

sounds like you've got nothing to worry about, except the hassle of being sued and dealing with the legal process.

have fun!

Poindexter

I'm curious to see how this turns out. My girlfriend was sideswiped in April of 2004 and everything points to the other driver being at fault (including the trooper giving a ticket, to which it was dismissed in court). She got a lawyer and her insurance paid for everything and said that they would try to get everything back, but with the court dismissing the case things have been put on hold to this day.

Is anyone familiar with this situation and how best to handle it? Aside from putting a gun to the lawyer and claim handler's head

MS2KJ - maybe we can get some advice together to help both these situations out.

MS2KJ

Ok, I finally talked to my claim agent. Apparently this has been going on for months. The other driver is claiming that she has a rotator cuff injury and due to the injury she claims that she is unable to work. But my claim agent says that in the doctor's report, it states that she has 90% of her strenght in her injured arm and "full range of motion." So my agent asked for a doctor's report saying that her rotator cuff is injured and will need surgery. After 4 months, they have not provided this note.

That would be the first thing that I would provide if I was really injured. You know? So, if they sue, then my agent said that it will be better because we will be able to get deposition reports from the doctor. (Right now we can't contact the doc directly because they already hired a lawyer) Anyway, I'm just waiting now, but I'm not really worried. And my agent said, that if they can show that she was really injured, they would have no problem paying for her surgery and what not.

We'll see...

1a-race

check the statute of limitations I think it's called.

when I was hit in the rear I was told I only had a year to sue from the date of the accident.

GotS?

Too bad my girl can only practice in MD. She's an ambulance chaser, I mean a personal injury attorney.

I'm not the expert, she is, but most cases they (insurance companies) will settle out of court, and your insurance won't go up much. I wouldn't worry too much if I were you.

Good luck. I'll let my girl know and see what she'll say.

LT