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Policy Limits Settlements in Personal Injury Insurance Injury Claims

Our Policy Limits section will give you all the topics you need to settle a policy limits insurance injury claim, and still get some relief on subrogation and preserve your own Uninsured Motorist or Underinsured Motorist (UIM) bodily injury claim against your own auto insurance company.
There are a lot of important decisions to make with a personal injury insurance policy limits case, and many of the steps involved in accepting a settlement have a timing or notice requirement that ties into other steps. Should you miss one of these steps and, for example, settle with the car accident driver with no notice to your own company, then you could find that your own auto insurance company could refuse to pay under its UIM policy on the grounds that you deprived it the right to sue for negligence against the one who caused the auto accident. We present you with this preview of our new Policy Limits sections soon to be available to our members only.

Introduction to Policy Limits Settlements in Personal Injury Insurance Injury Claims

  1. Introduction to what are liability insurance "policy limits" for bodily injury caused by negligence (intentional torts are not insured).
  2. Introduction to why is it important to know what policy limits are.
  3. How does one get to know the amount of the policy limits?
  4. Now you have a policy limits settlement offer-what should you do next?

A Necessary Tutorial on Principles of Successful Settlement of a Policy Limits Insurance Injury Claim

  1. The most important thing is to protect your UIM claim by giving notice to your own insurance adjuster before releasing the tortfeasor who caused the car accident.
  2. Mechanics of "Buy-Out" of the tortfeasor's settlement offer by your own UIM carrier. This section explains exactly who pays whom and why-when an auto accident insurer offers an injury claim settlement of its insurance policy limits, but your own insurer decides to buy out the settlement and sue the negligent driver instead.
  3. The politics of insurance industry influence on state legislature versus trial attorney advice.
  4. You CAN keep more of your policy limits award by negotiating a reduction in the subrogation claims your insurers are making against your policy limits award.
  5. How much insurance money is available to satisfy your UIM claim depends upon the laws of the state where you purchased the insurance. Four kinds of states:
    1. UIM stacking states and NON-stacking states;
    2. Equitable subrogation versus enforced first dollar subrogation
  6. Uninsured Motorist and Underinsured Motorist (UIM) car accident injury claims when YOU are the passenger:
    1. using your driver's UIM coverage;
    2. tapping your OWN UIM insurance coverage;
    3. sample passenger's letter to Legislator and Insurance Commissioner regarding stacking YOUR OWN UIM policy and subrogation

Necessary Steps to Complete in Order to Accept an Insurance Policy Limits Offer

  • Keep your rights to your own UIM claim
  • Keep your rights to compromise subrogation claims
  • Preserve your rights against any other possible tortfeasors (people or entities whose negligence contributed to your personal injuries)
  • Preserve your rights against this tortfeasor
  • Secure accurate information regarding the policy limits
  • Make your acceptance of the settlement in writing and contingent
  • Gather facts regarding tortfeasor, your claim, and subrogation interests
  • Communicate with your UIM carrier (and medical costs subrogee insurers if you have a huge medical lien on your award) ASAP
  • Learn your legal rights regarding stacking your UIM policy
  • Learn your legal rights regarding equitable subrogation

We Provide Numerous Examples and Letters for Settling Your Own Policy Limits Injury Claim

Letters including:
  • Letters to Insurance Adjuster and Insurance Commissioner Inquiring About Personal Injury Insurance Policy Limits Disclosure Requirements
  • Letter to Insurance Adjuster Requesting Disclosure of Policy Limits, with Interrogatories
  • Simple Letter to State Legislator or to Insurance Commissioner Requesting Clarification of Subrogation Rights and Defenses in Insurance Policy Limits Settlements
  • Letter to State Legislator or to Insurance Commissioner Requesting UIM Statute of Limitations, Clarification of Subrogation, and UIM Stacking Laws in Insurance Policy Limits Settlements
  • Letter Notifying Your OWN INSURANCE Carrier of Pending Offer of Policy Limits and the Existence of Your Own UIM Claim
  • Letter to Governor and State Legislators Regarding UIM Anti-Stacking Rules and Equitable Subrogation Principles
  • Notice to Insurance Adjuster: Contingent Acceptance of Insurance Policy Limits Settlement Offer
  • Insurance Adjuster Letter Request for Reduction in Health Insurance or Car Insurance Subrogation Claims Against Your Policy Limits Insurance Claim Settlement
  • Petition for Arbitration of Your Health or Auto Insurer's Subrogation Claim Against Tortfeasor's Policy Limits Award
  • How to File the Car Accident Underinsured Motorist (UIM) Claim With Your Own Auto Insurance Carrier-Letter to Insurance Adjuster and UIM Petition Examples

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