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-   -   Life Tapped someone's bumper 1.5 years ago... being sued for 116k (https://www.chiefsplanet.com/BB/showthread.php?t=318253)

WhiteWhale 10-16-2018 08:36 PM

Quote:

Originally Posted by KC Tattoo (Post 13823504)
Did they hire Brad Douchebag Pistnotnick?

ROFL That guy?

Geezus christ, we sold him a pool decades ago. During the sales call he drank like 10 beers.

Dude is a total drunk.

M_M 10-16-2018 08:36 PM

They purposely sued for higher than your limit. My experience was similar; I had a big insurance company with deep pockets and they kept it going over a year and then settled for 24k; accident was 100% my kids fault but nobody hospitalized; stressful but you have to let insurance companies do what they do....

'Hamas' Jenkins 10-16-2018 08:38 PM

Quote:

Originally Posted by WhiteWhale (Post 13823543)
Sounds hot.

I'm sure her crotch looked like the web of a bark spider.

FAX 10-16-2018 08:39 PM

That's exactly why it's important to have an umbrella policy added to your auto insurance.

We used to be a land of laws. Now we're a land of lawyers. Subtle but important (and usually expensive) difference.

FAX

sxrich 10-16-2018 08:40 PM

I'm a bodily injury adjuster for a large insurance company. Really too much information to go into the full detail of how a bodily injury claim works. More than likely, your insurance company received a "demand" from the 3rd party's attorney. I would assume that the attorney did not know your Bodily Injury policy limit, so the attorney demanded a large amount, based on her medical bills, loss wages and pain and suffering. The letter you received was an "excess letter." Your insurance company is legally required to notify you that there is potential that the 3rd party's bodily injury claim might exceed your $100k Bodily Injury coverage. The language in the letter will advise that you have a right to obtain an attorney. However, as part of your personal auto policy, your insurance company will provide a defense, if it went thru the courts, i.e. mediation, arbitration or trial. So, honestly, I wouldn't worry about retaining an attorney at this time.

Based on your vague description of the accident, I would be SHOCKED if your insurance company did not challenge the mechanism of injury that would cause medical bills in excess of $100k. With that said, legally, your insurance company has a legal obligation to do everything in their power to settle the 3rd party's bodily injury claim within your policy limit. Thus, your insurance company might make a business decision to settle her claim for your $100k bodily injury policy limit, in order to protect you and your family's assets. If they didn't and it went to court and the jury amount exceeded your policy limit, you would be personally responsible for the amount above your limit. However, you could then sue your insurance company for Bad Faith, which is a capless lawsuit (that's how multi-million dollar judgments are levied against insurance companies). With that said, I would not stress out about the letter you received, as your insurance company will ultimately do what's best for you and them, which is to ultimately settle her claim.

BWillie 10-16-2018 08:42 PM

Quote:

Originally Posted by FAX (Post 13823552)
That's exactly why it's important to have an umbrella policy added to your auto insurance.

We used to be a land of laws. Now we're a land of lawyers. Subtle but important (and usually expensive) difference.

FAX

Umbrella policies do add protection - but in general I believe they are overrated. Just more for the other party to go after. I guarantee you that if somebody had 10k liability limits versus 100k liability limits the settlement will always be waaaaay less even for the same accident, same "damages" for the person who has 10k liability limits.

But yeah - they are so cheap - if you have alot of assets might as well get one. With my insurance policy it actually SAVES me money to get an umbrella policy due to the discount it helps me get on my cars and houses.

Mephistopheles Janx 10-16-2018 08:47 PM

Quote:

Originally Posted by sxrich (Post 13823556)
I'm a bodily injury adjuster for a large insurance company. Really too much information to go into the full detail of how a bodily injury claim works. More than likely, your insurance company received a "demand" from the 3rd party's attorney. I would assume that the attorney did not know your Bodily Injury policy limit, so the attorney demanded a large amount, based on her medical bills, loss wages and pain and suffering. The letter you received was an "excess letter." Your insurance company is legally required to notify you that there is potential that the 3rd party's bodily injury claim might exceed your $100k Bodily Injury coverage. The language in the letter will advise that you have a right to obtain an attorney. However, as part of your personal auto policy, your insurance company will provide a defense, if it went thru the courts, i.e. mediation, arbitration or trial. So, honestly, I wouldn't worry about retaining an attorney at this time.

Based on your vague description of the accident, I would be SHOCKED if your insurance company did not challenge the mechanism of injury that would cause medical bills in excess of $100k. With that said, legally, your insurance company has a legal obligation to do everything in their power to settle the 3rd party's bodily injury claim within your policy limit. Thus, your insurance company might make a business decision to settle her claim for your $100k bodily injury policy limit, in order to protect you and your family's assets. If they didn't and it went to court and the jury amount exceeded your policy limit, you would be personally responsible for the amount above your limit. However, you could then sue your insurance company for Bad Faith, which is a capless lawsuit (that's how multi-million dollar judgments are levied against insurance companies). With that said, I would not stress out about the letter you received, as your insurance company will ultimately do what's best for you and them, which is to ultimately settle her claim.

Dude... thank you so very much for burning your first post on this board (and a member since 2012 no less) on my worthless ass. You have put me at ease and am able to relax for the first time since reading that letter.

THANK YOU. THANK YOU. THANK YOU.

MMXcalibur 10-16-2018 08:54 PM

Quote:

Originally Posted by MephistophelesJanx (Post 13823395)
I was among a pack of vehicles that started moving and suddenly stopped. I didn't stop in time. No damage to her vehicle and slight damage to mine.

FF 1.5 years later, I get a letter form my insurance telling me that I may be on the hook for everything over the 100k personal injury limit. I hit this person in their shitty 3k car at no more than 5-10mph and they got medical bills exceeding my ****ing surgery for a tumor in my leg.

I ****ing hate people. Especially hate scammers.

Sorry to hear that man.
I hope you put up a better defense than the Chiefs.

TrebMaxx 10-16-2018 08:55 PM

Nice first post sxrich!

sxrich 10-16-2018 08:58 PM

Quote:

Originally Posted by MephistophelesJanx (Post 13823568)
Dude... thank you so very much for burning your first post on this board (and a member since 2012 no less) on my worthless ass. You have put me at ease and am able to relax for the first time since reading that letter.

THANK YOU. THANK YOU. THANK YOU.

Hahaha, no worries. Didn't realize I had been lurking for that long. Glad I could help relieve some stress.

Rain Man 10-16-2018 09:27 PM

Good job by the new guys in this thread.

Gravedigger 10-16-2018 09:35 PM

Quote:

Originally Posted by 'Hamas' Jenkins (Post 13823425)
She was a psychotic woman in her 50s with hair like a Troll doll.

After 50, I think the court should’ve thrown her sex claim out as plausible deniability.

mlyonsd 10-16-2018 09:46 PM

Actually you sound like a shitty driver. Were you ****ing with your phone?

Mephistopheles Janx 10-16-2018 09:49 PM

Quote:

Originally Posted by mlyonsd (Post 13823648)
Actually you sound like a shitty driver. Were you ****ing with your phone?

Interesting contribution to the thread. No, I wasn't on my phone, tablet, or any other electronic device. I was driving into the sun and simply did not see she had stopped while everyone else was still moving forward. My fault, 100% but I disagree that makes me a shitty driver.

BWillie 10-16-2018 09:53 PM

Quote:

Originally Posted by mlyonsd (Post 13823648)
Actually you sound like a shitty driver. Were you ****ing with your phone?

I absolutely love texting and driving. I like to watch movies while driving too.


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