Another driver came into my lane without warning and hit my passenger side, which pushed my car into a truck in the oncoming lane, who was stopped to make a turn. The other driver was cited, but carried only $10K in liability (doesn’t cover my car/truck’s damages).
I live in Florida, a no fault state, so PIP paid 80% of the ER/Doctor bills. I carried uninsured motorist medical that is covering 20% of Er/Doctor bills, but a very small amount was offered for pain/suffering, matching the 20% of the medical bills.
As the accident occurred on Dec. 21, 2015. I had to cancel Christmas plans to visit family 9 hrs away, and could not attend 2 gatherings. I also had a neck strain, and suffered chest, arm, and leg bruises, and needed help laying down/getting up in bed, etc. I had no broken bones.
Is the uninsured medical settlement adequate?
The other insurance company has not settled on liability, but has warned me the $10K in his coverage will not cover the car/truck damages, and the amount will need to be pro-rated. Do I have to sue for additional compensation? How would I go about this? Is there anything I’m missing? Thanks in advance.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
You are pursuing what is referred to as a first party claim against your own insurance company.
The uninsured motorist settlement offer of 20% may or may not be not be sufficient. You can certainly attempt to negotiate a higher settlement amount. To do so ask to speak with the adjuster handling your claim.
Explain you had to cancel Christmas plans to visit family 9 hrs away, and as an additional result could not attend 2 gatherings. You also had a neck strain, and suffered chest, arm, and leg bruises, and needed help laying down/getting up in bed, etc.
Make sure the adjuster knows you are still recovering from the accident and continuing to experience substantial pain and discomfort. Seek continuing medical treatment until such time as your physician feels you are fully recovered or have reached a level of maximum medical improvement.
No fault insurance does not preclude you from seeking compensation for the damage to your car. Be sure the claims adjuster handling the property damage claim has at least three (3) estimates for repairs to your car.
Additionally, be sure the estimates include OEM parts (Original Equipment Manufactured). You have a right to have parts which are of the same quality and type as those the car came with. Otherwise, the body repair shop may install cheaper parts obtained overseas or from lower quality manufacturers.
Learn more here: Uninsured Motorist Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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