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In a car accident- i was the victim( back injury)- police report states not my fault.
If the other persons insurance pays out the max and it is not enough does it then go through your insurance?
Shouldn't the person who caused the damaged be sued?
That's up to you. If the other insurance company refuses to pay your medical bills in an accident that wasn't your fault, you should consult an attorney.
i do have an attorney. i have never been through anything like this.
Their insurance company may pay the max, but they then want to file a claim through my insurance for what they think should be paid. i wasnt sure if it was supposed to go like this. It seems like im suing my self
You definitely need an attorney (as you stated you do have.)
I went through a similar situation like this, about 11-12 years ago. The police report put me 0% at fault, but the other insurance company would not take full responsibility. IF you have an attorney, you should NOT be talking to the other insurance company, any longer. My attorney fought for me, dealt with the insurance company. and we almost had to take it to court...until the insurance company finally gave in.
ETA: and yes, this was in CT, I just moved about a month ago.
You definitely need an attorney (as you stated you do have.)
I went through a similar situation like this, about 11-12 years ago. The police report put me 0% at fault, but the other insurance company would not take full responsibility. IF you have an attorney, you should NOT be talking to the other insurance company, any longer. My attorney fought for me, dealt with the insurance company. and we almost had to take it to court...until the insurance company finally gave in.
ETA: and yes, this was in CT, I just moved about a month ago.
Yes this is standard procedure with insurance companies. They will fight with each other. The insurance companies usually refer to this as "subrogation".
You should not be speaking to the other party and/or their insurance company at all. Let your lawyer do that. Also, do not expect a quick settlement especially if injuries are involved.
i do have an attorney. i have never been through anything like this.
Their insurance company may pay the max, but they then want to file a claim through my insurance for what they think should be paid. i wasnt sure if it was supposed to go like this. It seems like im suing my self
If you have "underinsured motorist" coverage, then yes, you make a claim against your own policy if the at fault person doesn't have enough coverage. You aren't suing yourself, you are accessing coverage you paid for that provides you with an additional level of protection in the case of a more serious injury. If you don't reach a voluntary settlement with the insurance company, then it gets resolved in binding arbitration, it doesn't go to court.
In a car accident- i was the victim( back injury)- police report states not my fault.
If the other persons insurance pays out the max and it is not enough does it then go through your insurance?
Shouldn't the person who caused the damaged be sued?
1. If the liability coverage of the "at-fault" driver is insufficient to pay your total damages, the next place to look for coverage is through your own underinsured motorist insurance coverage (your company). This presumes that you have underinsured motorist coverage. If there is no underinsured motorist insurance, your chances of collecting additional compensation are low.
2. If you have underinsured motorist coverage, the best thing to do is not sue the other driver. Your best action is to collect the compensation available and let your own insurance carrier sue the driver who caused the accident if they feel anything is to be gained by doing s o.
3. Having underinsured motorist insurance is absolutely critical in today's world because too many drivers either have inadequate insurance or no insurance at all. My state allows a driver to have as little as $25,000 coverage for bodily injury. This would be gone in a twinkling if you were injured and had any significant medical bills.
4. A driver who has inadequate insurance can take out bankruptcy in most cases and avoid having to pay any additional compensation for injuries out of their own pocket.
Let me offer you the same advice others are giving you here. See an attorney. I really question whether you understand many of the implications that may be involved. If you think everybody is just going to come to you and give you a big pile of money without any effort, you are mistaken.
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