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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Injury Claim May Exceed Policy Limits

    My question involves an injury that occurred in the state of: OH

    I was involved in an accident in November 2008. I was turning left and a pedestrian (was riding a bike) came out of nowhere after I made my turn and got hit. He was injured. I did everything I was supposed to do. I am not admitting the fault. I made sure it was clear before I made the turn. Few days later, I got a letter from an attorney firm about that person suing me. I discussed this with my insurance company immediately then. I'm not sure how long it's gonna take my insurance company to resolve this. At first I received a letter saying they will resolve this issue within 60 days, then another letter saying the case is still in progress hopefully this will be resolved in 90 days, and then never heard from them again. It's been more than 8 months now and I just got a letter from my insurance company saying that my coverage limit has been exceed and now I am liable for all of these and I should get my own lawyer from this point. I don't know how to handle this, should I let my insurance company handle the case and then pay the bills or should I hire my own lawyer for this? (I really can't afford a lawyer) And if this takes longer and longer, how much am I expecting to pay? Please give me some guidance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Some Advice Needed

    If your insurance company is advising you that the coverage has been exceeded and you should get your own lawyer? You should be getting your own lawyer.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Some Advice Needed

    An insurance company will always send you a letter like that when damages claimed exceed your policy limits. It doesn't mean that the eventual claim or settlement will necessarily exceed your policy limits - it's making you aware of that possibility and reminding you that you're on your own for any claims exceeding what they're contractually obligated to pay.

    Has a lawsuit been filed or not?

    Has a lawyer been retained by your insurance company to represent you (within policy limits) or not? If so, have you talked to your lawyer about the letter? If not, have you talked to your adjuster about the letter?

  4. #4
    Join Date
    Mar 2009
    Posts
    27

    Default Re: Injury Claim May Exceed Policy Limits

    by dori1123,
    I was turning left and a pedestrian (was riding a bike) came out of nowhere after I made my turn and got hit. He was injured. I did everything I was supposed to do. I am not admitting the fault. I made sure it was clear before I made the turn.
    I have a question for you, if you don't mind. If you really thought that you weren't at fault, why then didn't you call the police (& someone not just maybe calling an ambulance for the injured party) anyway? Bicyclists breaks the rules of the road too. I mean if someone on a bike comes right across a moving vehicle- the rules of the road could have been determined by an officer, & could have been favorable for you.

    Your insurance co. sounds like they weren't convinced from whatever description of the accident was given to them by you & the other party.

    If you really think & have certain evidence (such as the bicyclist crossing when it wasn't safe or legal to cross) -an attorney might still be less $ than the liability of the amounts for the injured party.
    The opposing party is going on the premise that it was your fault. And everything is based on that afterward.

    Get your facts & proof & an attorney who will take payments.
    As long as you didn't leave the scene of an accident- but the burden is still on you to prove "not guilty."

    You say you aren't admitting fault- but it's going in that direction anyway. You have to prove why you don't admit fault.

  5. #5
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Injury Claim May Exceed Policy Limits

    How seriously was the bicyclist injured? Do you have a lot of assets that an injury attorney could get ahold of? If there are permanent disabilities involved and you own some assets, you need a lawyer ASAP. If you don't have a a lot and the bicyclist has pretty much fully recovered than I would guess that the injury lawyer representing him will be content with the maximum insurance coverage. But you should at least get a consultation with your own lawyer in case you do end up liable for more than the amount you insured yourself for.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Injury Claim May Exceed Policy Limits

    My interpretation of "I did everything I was supposed to do" is that the police did come to the scene, and probably also an ambulance.

  7. #7
    Join Date
    Mar 2009
    Posts
    27

    Default Re: Injury Claim May Exceed Policy Limits

    Quote Quoting aaron
    View Post
    My interpretation of "I did everything I was supposed to do" is that the police did come to the scene, and probably also an ambulance.
    Yes, but to quote dori1123
    (was riding a bike) came out of nowhere after I made my turn and got hit.
    What were the details? Did the bicyclist continue crossing the median in the middle of a road in front of on coming traffic? And hitting him unavoidable? What did the police say to you when they came?

    As another already asked- how badly was this person hurt?

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