Possible Multiple Policy Claim...

by Scott

First, a quick description of accident...

An old woman (86) pulled out from a side street directly in my path. I locked down the brake and skidded into the drivers side of her car. We both got out to inspect the damage. Twenty seconds later the old girl decided to take off on me. I don't think so.

I quickly hopped in my vehicle and "followed" granny until I could get a license plate. My girlfriend was in the front seat and on the phone with 911 the whole time... from right after the accident, to when she took off on us, and during us "following" her to get the plate number.

Oh yeah, my mother (whose vehicle I was driving) was in the back seat at the time with two full sized oxygen tanks as she is on oxygen 24/7. It could have been very ugly.

Anyway, the state troopers found granny and we completed the paperwork. She is charged with failure to yield along with 3 other tickets. (She was not arrested for hit and run due to her age.) About an hour after the accident, my arm started pounding. I went to the ER, got X-rays and was told to follow up with my family physician.

My doctor scheduled 2 MRI's. The results came back the next day as a bicep tendon rupture, almost completely detached. The orthopedic surgeon recommended surgery asap to prevent further damage to my arm. I am now recovering and doing physical therapy as ordered.

Now finally, I get to my question...

If I manage to max out the at-fault driver's policy, I have my parents' policy and my own auto policy on which I have UIM coverage. If I find out I have maxed out the at-fault driver's policy, would I also send a demand letter to mine and my parents' insurance company (my parents and myself have the same auto insurer)?

I was thinking about starting with medicals and expenses x6 in this case due to the extenuating circumstances. Would that be too greedy and counter productive?

Right now I am awaiting the first offer after sending the at-fault driver's adjuster a boatload of bills, expenses and lost wages. Just wondering if I should deal with the at-fault driver's insurance company first or just send demand letters to both adjusters? Thanks.

Visitor Question:
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ANSWER for "Possible Multiple Policy Claim...":

Scott (Georgia):

Before sending a demand letter to your own insurance company you should notify them of the accident. Most insurance policies require their insured to notify them in case of an accident, regardless of which driver was at fault.

Your own uninsured motorist policy will pay the excess of your claim against the at-fault driver. The amount they pay will depend on the limits of your uninsured motorist coverage and your ability to negotiate with your insurance company.

If your damages exceed the at-fault driver's policy limits you can also file a claim with your mother's insurance company. Because you both have the same insurance company it is unlikely they will agree to pay twice.

The State of Georgia's minimum liability limits for drivers is 25/50/25. If the at-fault driver carries minimum policy limits you will be able to receive up to $25,000.00 dollars. That amount will include your medical bills, out of pocket expenses for medicines, slings, parking lot fees at the hospital, and even a prorated amount of gasoline used traveling to and from your medical appointments. The amount will also include any lost wages and your pain and suffering, also called mental anguish or emotional distress.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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