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My girlfriend was struck by a trash truck who was at fault. We have filed a claim with her insurance (for PIP) and after a week of fighting opened a claim with their insurance. We are fighting their insurance due to their estimate being half complete and already nearing the value of the vehicle.
My question is how does her injury claim work? If her doctors bills are paid for and fall under the value of her PIP coverage, does she open a claim with their insurance? I have read that she should be paid 1.5%+ her doctors bills and lost wages for her injury claim. She did not sustain any hard trama injuries, thankfully! However she is having back/neck pain and being treated for that.
I do not want to go the lawyer route. Although their are injuries, and don't want to downplay them, we also don't want her to go through unecessary treatment etc etc. Basically looking for a guide on how to handle this. It is very obvious that they will continue to lowball us and push us to close the claim as quickly as possible. What is normal as far as who pays for what part of the claims etc.
My girlfriend was struck by a trash truck who was at fault. We have filed a claim with her insurance (for PIP) and after a week of fighting opened a claim with their insurance. We are fighting their insurance due to their estimate being half complete and already nearing the value of the vehicle.
My question is how does her injury claim work? If her doctors bills are paid for and fall under the value of her PIP coverage, does she open a claim with their insurance? I have read that she should be paid 1.5%+ her doctors bills and lost wages for her injury claim. She did not sustain any hard trama injuries, thankfully! However she is having back/neck pain and being treated for that.
I do not want to go the lawyer route. Although their are injuries, and don't want to downplay them, we also don't want her to go through unecessary treatment etc etc. Basically looking for a guide on how to handle this. It is very obvious that they will continue to lowball us and push us to close the claim as quickly as possible. What is normal as far as who pays for what part of the claims etc.
if it's a PIP claim you would file with your carrier for the medical. If she has collision coverage, she can file with her carrier as well, pay her deductible, and let her insurance subrogate the trash companies.
Settlements are negotiable and you will need to cite where you got this info:
"I have read that she should be paid 1.5%+ her doctors bills and lost wages for her injury claim."
If you are seeking damages for injury, you really should consult with a lawyer. Accidents are not intended for financial gain.
Part of the claim process will ask about lost time at work. There is some coverage in PIP policies for that, usually. You don't "ask" for anything. The hospital/clinic will file the claims with the insurance company and the insurance company will ask for documentation for lost wages. Keep in mind that there is a daily limit on lost wages too. Insurance is for reimbursement, not to "make money".
A few years ago when I was struck from behind my daughter was taken to the hospital (she was in the back seat) for xrays and an exam. I filed with my insurance and all they needed was the police report. They paid for my car to be fixed and all the hospital bills and they went after the other driver for reimbursement. Not only did I pay nothing, but they also sent me an additional check of $1k for pain and suffering. I do have collision and uninsured/underinsured coverage.
Daughter was fine and that additional $$ was a great bonus!
this should all end up on their insurance if they were at fault ....... a garbage truck will be covered by a commercial insurance policy - they will have plenty of limits and coverage - at worst I would be aggressive with my insurance company to subrogate and pursue their insurance company as I wouldn't want the claim as part of my history with them
there are parts of their coverage for liability property damage and liability bodily injury ....... this claim has both it appears
this should all end up on their insurance if they were at fault ....... a garbage truck will be covered by a commercial insurance policy - they will have plenty of limits and coverage - at worst I would be aggressive with my insurance company to subrogate and pursue their insurance company as I wouldn't want the claim as part of my history with them
there are parts of their coverage for liability property damage and liability bodily injury ....... this claim has both it appears
With PIP coverage it is always filed with your own carrier. It speeds up the claim process and then yes, the company will subrogate to recover payment for claims paid.
if it's a PIP claim you would file with your carrier for the medical. If she has collision coverage, she can file with her carrier as well, pay her deductible, and let her insurance subrogate the trash companies.
Settlements are negotiable and you will need to cite where you got this info:
"I have read that she should be paid 1.5%+ her doctors bills and lost wages for her injury claim."
If you are seeking damages for injury, you really should consult with a lawyer. Accidents are not intended for financial gain.
Thanks everyone for the information. Like I said we aren't looking for financial gain, just to recover what was lost. It was my impression that some settlements would include a value based on the insurance companies calculation of "pain & suffering". I wasn't sure how that was handled, if it was just offered, or if a lawyer was necessary.
She only had liabilty coverage for her policy. PIP coverage only covers up to $2,500 for her policy, so any doctors past that would have to go to their policy.
With PIP coverage it is always filed with your own carrier. It speeds up the claim process and then yes, the company will subrogate to recover payment for claims paid.
QFT.
The same happens with collision insurance, which is why it's smart to have it. Your insurance company pays to fix your car or gives you a check for a totalled car so you can get on with your life and then goes after the other party. When it's settled, you should get a check for your deductible.
Without your own collision insurance, you could spend months or even years trying to get the other party's insurance to pay to repair your car.
BTW, if you buy a new car without much of a down payment, it might be wise to look into "gap" insurance so that if your vehicle is totaled or stolen during the period when you owe more on it than its depreciated book value, you don't have to pay a few thousand dollars for a car you no longer have.
The same happens with collision insurance, which is why it's smart to have it. Your insurance company pays to fix your car or gives you a check for a totalled car so you can get on with your life and then goes after the other party. When it's settled, you should get a check for your deductible.
Without your own collision insurance, you could spend months or even years trying to get the other party's insurance to pay to repair your car.
BTW, if you buy a new car without much of a down payment, it might be wise to look into "gap" insurance so that if your vehicle is totaled or stolen during the period when you owe more on it than its depreciated book value, you don't have to pay a few thousand dollars for a car you no longer have.
Her car's value is less then $4,000 which is the reason she didn't carry it at the time. I personally carry it on all my vehicle but I tend to have vehicles with a lien and higher value.
Question on GAP coverage. I have it currently with my auto insurance on my vehicle. However I was looking to switch to Statefarm which apparently does not offer this coverage. Is there anyway to add it retroactively from the finance company?
She did not sustain any hard trama injuries, thankfully! However she is having back/neck pain and being treated for that.
I do not want to go the lawyer route. Although their are injuries, and don't want to downplay them, we also don't want her to go through unecessary treatment etc etc. Basically looking for a guide on how to handle this. It is very obvious that they will continue to lowball us and push us to close the claim as quickly as possible.
What route does she want to go? She is the one who was injured. There's no I or us in she.
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