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    tsnody2001's Avatar
    tsnody2001 Posts: 1, Reputation: 1
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    #1

    Sep 10, 2008, 05:02 PM
    Automobile insurance payout
    I was in an automobile accident and have roughly $12,000 in medical bills. I was driving my girlfriend's car and was hit by a drunk driver. I am currently discussing the situation with her insurance company. I don't have a lawyer, but I heard that her insurance will probably pay up to three times that amount. Is that true?

    I live in Indiana.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 10, 2008, 05:03 PM
    The insurance company cannot and will not pay more than the policy limits of her insurance policy. What makes you think otherwise?

    You need to go after the drunk driver's insurance company.

    Also, do YOU have auto insurance?

    You also NEED to contact a personal injury attorney to help you recover your medical bills and possibly get some pain and suffering money as well. Having no attorney with that much medical bills dollar wise is definitely not smart.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 10, 2008, 07:14 PM
    No, the med pay part of her policy may pay for your injuries, they will pay actual value, the actual cost of your injury.

    If you want a settlement for over actual value, you will go against the drunk driver ( assuming the drunk driver was at fault)

    If you were at fault, you can still collect from the medical payment part of the policy, up to that limit, It will only pay p to that limit,
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 11, 2008, 06:38 AM
    Quote Originally Posted by tsnody2001
    I was in an automobile accident and have roughly $12,000 in medical bills. I was driving my girlfriend's car and was hit by a drunk driver. I am currently discussing the situation with her insurance company. I don't have a lawyer, but I heard that her insurance will probably pay up to three times that amount. Is that true?

    I live in Indiana.


    Indiana is a fault based State (not a no fault State in which your medical bills are paid up to the maximum coverage no matter who is at fault). In Indiana the insurance companies pay based on your percentage of fault. If you and the companies - or the companies themselves - cannot agree, you will have to file a law suit. Your medical expenses will be paid up to the limit of the policies - no more and hopefully no less.

    Her insurance company will not pay you for pain/suffering/economic loss/permanent injuries. That's a claim against the company insuring the vehicle that caused the accident and, no, the 3x the amount belief is just that - a belief and not the truth.

    You will settle higher and faster if you use an Attorney - however, if you have been talking to both insurance companies you may have already harmed your case.

    I would still consult with an Attorney.

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