Is this fair?

fire4511

You can file a claim against the other driver's estate, if he had other assets. All debts must be settled before the remainder of the estate passes to the heirs. For example, if he owned stocks, bonds, or real estate, those items could be sold and the proceeds of those sales used to satisfy your claim for damages.

You may want to contact a lawyer quickly, because there is a deadline to file claims against an estate!

Good luck

la428282

Well, sure. In the ideal world EVERYONE would get a high enough bodily injury coverage to cover all the medical bills someone they hit would incur. But this guy obviously didnt do that.. and you didnt choose to get high UM coverage.. so.. who exactly do you think should pay?

Does anyone else own the car besides the deceased man? Was he married? There is potentially someone to go after there.

Unfortunately you learned a very expensive lesson. UM coverage is the most powerful and important coverage someone can get. You are partially responsible for not protecting yourself here.

Take a look at your bodily injury limits- would they cover all the medical bills of someone you hit? Maybe its time to think about increasing them so you dont ever get into this same situation.

This was a hard life lesson for you- i hope your daughters ok.

Scott H

Life isn't always fair. Most states minimum coverage limits are grossly insufficient for all but the most minor accidents. You hire an attorney and sue the other driver's estate for whatever you can get from it.

Luna & Lawnboy

Of course it is not fair. However, he had lousy limits, and your underinsured limits are useless. I hate to break the news to you, but your underinsured limits will probably not even come into play if you live in a state where the underinsured limits are offset by the tortfeasor's liability limits. However, I am sure that your adjuster has already explained this to you if there was in fact an offset.

You may live in a state where inter and intra policy stacking is allowed. Anybody else in your household have an auto policy? If so, your daughter may be entitled to coverage under those policies as well.

You did not say what happened in the accident, but if the other driver passed away as a result of this accident, you can likely expect a lawsuit to be filed by his estate.

Contact the hospital and all her providers, negotiate the amount owed, and set up a manageable payment plan. Unfortunately, if the other guy did not have any assets, his family is not responsible for your losses.

â™¥ Uwish â™¥

Sorry to say, but this is what happens when people only pay for minimum coverages.

You said you feel that someone should have to start helping with the bills. Who exactly do you think that someone should be?

Do you not have health insurance to pay for any of the bills?

What can you do? Call the providers, hospitals, etc. Try to negotiate down their bill. They would rather recover a portion of the bill than nothing at all.

Lover not a Fighter

No it is not fair. Sorry to hear about all your trouble. My wife was just hit by a SUV (while walking) so I know somewhat how you feel.

As for the insurance bill, you probably will NOT have to pay the ICU - and it should NOT end up in your credit rating (as it was medical and something you did do by choice). I believe it is the law (it was about 15 years ago).

Also many state / city has programs to help you pay for some of these expenses (as they don't want their hospitals to go bankrupt).

Good Luck with the recovery.

P.S. It is too late for this time, but you should immediately increase your uninsured limit on your own insurance.

Pedro S

sorry for ur troubles...but..who said life is fair...insurance is a funny thing...sometimes its great sometimes not....get your insurance company or hire a lawyer to help...you can sue the family of the driver [or his estate] but hurry......

wi_saint

Even with no assets, you can sue his estate, and pass the bills onto him. The bad part of this is having to pay a lawyer to do it...

I would also check into the state insurance as given above.

Good Luck

Leonard F

Hello,

We often take for granted what a convenience our cars are. I was paying a low price for my insurance, but at renewal time, my insurer tried to increase my rates.

My friend sent me a link to this site:

http://www.help-my-rent-mortgage.org

They have a free search to compare auto rates from the major insurers. It saved me a lot of money!

Best of Luck

la madre de quattro

I would sign up for state insurance. I know here in IL, that it can go back three months so you are pushing it on time but they would cover everything if you were eligible for putting her on it. In cases like this, sometimes they allow it. Otherwise, you are going to have to claim bankruptcy. Goodluck. I hope you find a way out of this.

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