Car Insurance and LawSuits

[Jon Miller]

I have a freind who is getting sued. And I don't understand why. So let me give you the story.

She pulled into the middle to turn, but at teh same time someone was driving fast down the middle, and she hit him. (note that you aren't suppose to do that)

But ignoring that fact, I think that the insurance companies paid for cars and medical (For him, she didn't claim injury). Now he is sueing her saying that the insurance companies didn't pay enough, or something.

Can he do this? And if people can do this.. what is the point of having insurance?


Jon Miller

[Jon Miller]

(obviously he can do this.. but can he be successful at it?)

JM

[Flubber]

Forgetting the merits for the moment

If a person is injured, the insurance companies will often settle up the property damage quickly but the pain and suffering parts are often not settled as quickly. If the injured person wants to push their claim, they must file a lawsuit against the person that hurt them. After all they have no relationship or contract with the wrongdoer's insurance company. The wrongdoer should immediately forward the claim to their insurance company who will

1. defend the action and
2. pay out any judgements or settlements up to the policy limits

[Flubber]

and on the merits

here is absolutely no way I can assessthe merits of a given car accident but I do know that the standard insurance industry liabuility chart APPORTIONS liability in accidents where a left turner strikes or is struck by an overtaking vehicle

** Note that these charts are used to settle the property damage parts of MVAs without any consideeration of the actual merits. The idea is that the times you win or lose will work out on average and the cost of assessing each claim is not worthwhile for the few thousnad buucks involved. Note that a different determination can be and is argued often wrt personal injury

[Jon Miller]

yeah, I know that on the merits

she had peopel give her their business cards the the scene of the accident (no one really likes the people speeding down the turn lane)

I don't know how that part goes..

JM

[Flubber]

Originally posted by Jon Miller
yeah, I know that on the merits

she had peopel give her their business cards the the scene of the accident (no one really likes the people speeding down the turn lane)

I don't know how that part goes..

JM

Well getting sued is a normal part of the process. The individual always is the one sued and then the insurance company responds to defend you.

Everything here sounds normal except for the fact that it sounds like you believe your friend should win on the merits.

[Jon Miller]

I do think she shoudl win on merrits

but I didn't know you had to put up with the court stuff if you had insurance.. I thought that insurance took care of that for you

ah well..

but they pay for it (or some of it) when you are done.. yes?

JM

[Flubber]

Originally posted by Jon Miller
I do think she shoudl win on merrits

but I didn't know you had to put up with the court stuff if you had insurance.. I thought that insurance took care of that for you

ah well..

but they pay for it (or some of it) when you are done.. yes?

JM

The insurance company defends the action. That means that the individual does NOT have a lawyer of their own (UNLESS the claim exceeds policy limits and you might be on the hook for it in which case individual counsel is prudent)

As an individual her job is to pass along the claim to her insurer and then co-operate in the defense. She might have to undergo discovery and even trial but should bear NONE of the costs

Again this is all normal

[Tuberski]

Originally posted by Flubber
Forgetting the merits for the moment

If a person is injured, the insurance companies will often settle up the property damage quickly but the pain and suffering parts are often not settled as quickly. If the injured person wants to push their claim, they must file a lawsuit against the person that hurt them. After all they have no relationship or contract with the wrongdoer's insurance company. The wrongdoer should immediately forward the claim to their insurance company who will

1. defend the action and
2. pay out any judgements or settlements up to the policy limits

You forgot:

3. Either raises her premiums through the roof or drops her completely.

ACK!