Me And My Girlfriend Had A Bad Crash?

Ok me and my girlfriend had a bad wreck and totaled her car, no other cars were involved, Car rolled twice and hit a pole, She hurt her back and so did i, We were both taken to the hospital, Long story short my hospital bill was 9,700 and her insurance only covers 5,000...

My mom is talking about getting an attorney and possibly suing her insurance? I don't want this to happen so i was wondering what i could say or do where this wouldn't be able to happen? Ive been with my girl for 2 years, im 17 and shes 18, Im really close with her mom and there family is already having problems and i really dont want my mom suing anyone even if it is just there influence cause it will go on my girlfriends records... So again i ask what could i do or say to anyone? Ive already called there insurance myself and told the lady that is dealing with this or whatever that im all better and im not hurt anymore, she isnt really supposed to talk to me cause im underage but i still got that across, any other things i could do or say?

Any information givin is appreciated =]
Additional Details
Yes she was the one driving, we were just going around a turn, hit black ice and wrecked....

But you guys arent answering my question at all...

I "dont" want my mom to sue the insurance or there family so what can i do or say to prevent this?

MSAD

Here's something to point out to Mom:

An attorney is going to take 1/3 (33%) of any settlement you get as his fee. That means...he's going to take a very big chunk of your money.

Now - having an attorney does not add value to your claim. Your claim is worth what it's worth -regardless if you have an attorney or not. This is because your claim is based on the injury itself.

The insurance company is not going to add 33% to the settlement amount just so you can get the same amount of money as your share. From an insurance company perspective - you decided to hire the attorney - it's your job to pay him.

So for you to break even - the attorney has to get at least 33% more than you could have gotten with out him. And that's just to break even.

And contrary to tv.....adjusters are not afraid of attorneys. We work with them all the time. Any attorney you hire is either one that the adjuster has worked with before or will work with again in the future.

My two cents worth - why give 1/3 of your settlement to an attorney if you don't have to? You can get advice from your agent or speak with an adjuster at your insurance company for free. They can't represent you the way an attorney does....but they can tell you if what the other company is saying to you is correct. And best of all....your agent and adjusters with your company won't take any of your settlement. You can also get guidance about the claims process from your states insurance department. Again...they are free.

You can always work with your girlfriends insurance and later....if you decide....to heck with them...it's worth it to you to pay 1/3 of your settlement to an attorney.....then go get an attorney.

When do you turn 18?

Once you are 18 - you are a legal adult. That means you can enter into contracts yourself. You can hire your own attorney if you want to (don't need mom to do it). It also means you can settle by yourself with the insurance company. Don't need mom to sign off on the settlement.

Maybe you can point out to Mom...that you are 17. Almost 18. Soon you will be an adult in the eyes of the law. You will be able purchase cars and houses, sign contracts. You will have the same rights your mom has with one exception - you can't buy alcohol. But other than that - no difference. As such, you would really like the opportunity to handle this. You will be a legal adult soon and you would like to be the one to make the decisions here. That you will listen to her advice and input. You welcome her guidance...and you would like the chance to handle this situation as the adult you will soon be.

As far as what her insurance covers - there are several different coverages that could come into play here. Since we don't know what state you are in....I can't tell you what they are. But it sounds like she may have Medical Payments coverage. It just pays for bills. But then....there would be liability coverage that would pay the rest of the medicals and pain and suffering. Again...your agent should be able to tell you what coverages you have in your state. It's really worth it for you and mom to go and meet with your agent and ask them about the claims process. If he does not know (and not all agents do) ask him if he has the name and number for an adjuster with your company that he thinks is knowledgeable. Even if the adjuster is not handling a claim - most good adjusters are willing to answer questions for you and give you some general information. I know I don't mind this type of call.

Kizzy

I'm understanding that your girlfriend was driving, therefore she's at fault for the accident. Your a passenger and a victim in this incident. Your mother is correct, she can sue her insurance carrier not only for the medical but for pain & suffering. It's called Occupant Bodily Injury (OBI) and it works off her Bodily Injury coverage.

If you were driving the coverage is not available to you.

One thing is for sure, being at fault for an accident raises her premium a lot, yet using the OBI....it will skyrocket!!

Scott H

You are 17, which makes you a minor. Your mother is responsible for paying your medical bill and she has the right to sue whomever is appropriate to be compensated for medical expenses. A $5000 limit is probably state minimum, this is what happens when your girlfriend is underinsured. If you don't want your mom to sue, maybe you should pay the difference on your medical bill?

JustMe

You need to ask your adjust about bodily injury (BI) coverage. It is a liability coverage that every person who owns a car is required by the state to carry. It may or may not apply to you depending on all the facts of the loss (like who was driving, alcohol,how it happened), but it does not hurt to mention it. Also as you describe the med pay limits on the policy are $5000 per person and if your bills excede that amount and your mother sues the, insurance company will be there to represent your girlfriend, but in the end she may be the one paying the bill. It is not the insurance companies fault your girlfriends parents did not choose to carry a higher med pay coverage on the policy.

mbrcatz

Suing her insurance won't work - her insurance didn't cause the accident.

You are a minor. So your mom CAN sue the owner of the car, and the driver of the car, WITHOUT your consent. BUT, even if she wins, her INSURANCE isn't going to pay. The most they ever pay out, is the LIMIT.

BUT, why doesn't your mom file these medical claims under HER car insurance? In many states, you could collect under your mom's policy, for extra coverage. Additionally, your mom MUST carry a lot more than $5,000 in medical payments coverage, as she clearly feels that's not reasonable for your girlfriend to carry.

Bottom line - as a minor, you can't prevent your mom from suing on your behalf. But you CAN tell the judge and the other insurance that YOU caused the accident, and let the girlfriend sue your MOM. Or at least tell your mom that's what you're going to do.

Charlie

Sorry, since you are underage, your Mom can do what she wants. You are just along for the ride, just make sure your GF's family understands that.

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