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New Member
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Mar 11, 2014, 10:29 PM
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Hit by drunk driver
I'm going to make this short... as I can not sit long. (I will have to take some time to write as I can't sit more then 10mins at a time). I was hit by a drunk driver almost 6yrs ago now. I have a lawyer and not back to work yet :-(
I hate the whole process and no matter what I get it is just not worth the pain and emotional trama one goes through. Anyway... after my Tort claim is done I want to sue my insurance company. Why? Because they have given me nothing but headaches during this whole ordeal and I was hit by a drunk driver sitting at a red light.! 100% NOT my fault. They paid for cbi for a year then nothing... 6yrs later I'm still not working. I lost my house, car, everything! I had to get my lawyer for the tort claim to help me get medication expenses back and that took 5yrs. Which the bills are continuing as we speak. Belxxxdirxct... (won't put the name here just in case I get in trouble) but you can figure it out. They have been terrible to me. I feel somedays like just giving up on this and life. Pain 24hrs a day for the last 6yrs is unbearable and to get slapped in the face over and over by my insurance company(the ones that are supposed to protect me and be on my side... that's what I paid insurance for) well it's just too much. WHAT I WANT TO KNOW IS... after my Tort claim is done... can I sue my insurance company for NOT helping me and causing me such terrible emotional destress all these year? My medications for pain are almost 600 a month and that's why I lost my house and everything. I had to sell it to pay for meds. Even if I could sue my insurance company for $1.00 just as long as it goes in writing on record how terrible they have treated me so people won't use them. That would be fine with me. I want everyone to know how terrible they are to people with injuries. Any thoughts? Thanks, have a wonderful day. May not reply right away to responses because this is really hard for me to sit... (this message took me an hour to write as I have to take breaks.) thanks in advance.
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Expert
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Mar 11, 2014, 10:43 PM
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You can sue them only if they did not pay for bills that they are suppose to pay for. And then only for those funds that are due.
Most auto insurance is very limited. And only pay to fix your car. Most do not cover your medical bills, and are limited to med pay. So without knowing the limits of your policy one can not say. The liability payment is not what you get, that would be other driver if it was your fault. Your car is covered under collission and your medical bills covered under med pay. Loss of work is not covered by car insurance for the driver.
The other drivers insurance is who should be paying.. but only to the max payment of their liability limits.
Example, a person hit me, they had a max coverage of 25,000 dollars. So after they pay 25,000, they don't pay any more.
So
1. what is your insurance coverage, exactly>>>>
2. what was the liability limits of the driver who hit you...
After those max, you get nothing, unless the person who hit you is rich and can pay out of bank.
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Computer Expert and Renaissance Man
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Mar 12, 2014, 04:48 AM
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Question 1 what insurance? Your car insurance, health insurance, which? If you were hit while stopped for a light, then you should have been filing claims with the other driver's insurance, not yours. Your health insurer should have covered your medical bills, then gone after the other driver for reimbursement.
As Chuck said, YOUR coverage would have been limited as to what it was required to pay. Generally, it would have only paid for the repairs for your car (less the deductible). If you had uninsured motorist coverage and the other driver wasn't insured, they would have paid from that up to the limits of the coverage.
So I'm not sure what grounds you might have to sue your insurer as that liability here would be minimal.
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Expert
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Mar 12, 2014, 08:24 AM
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You should ask your attorney whether you should wait until the lawsuit is over before suing the insurance company. But I suspect that in all likelihood no. Your claim against the insurance company, assuming you have one, should be part of the present lawsuit.
There are specific rules regarding when claims against several parties (in this case the insured as well as the insurance company) must be joined in one case. I strongly suspect that if you don't join your claim to this case you will not be allowed to pursue it in a later case.
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Ultra Member
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Mar 12, 2014, 04:20 PM
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AK,
The system won't allow me to give you rep, but that is excellent advice that cam bee needs to follow up on asap (or sooner!).
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