Directory of Legal Information on Liability Insurance Policy Limits Settlements in Personal Injury Insurance Injury Claims: Car Accident Injuries, Dog Bites, & Slip and Fall Insurance Claims
Liability insurance policy limits claims is a topic that MUST be mastered if one has sustained disabling and serious personal injuries in a car accident, disfiguring bites in a vicious dog or animal attack, or serious injury in a traumatic slip and fall or premises liability accident. This free 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.
If you have a claim involving any of these serious bodily injuries, there is a possibility you may find yourself involved a policy limits personal injury insurance claim. While one might be tempted to release the negligent driver and accept the insurance award, that could be foolish because signing an insurance adjuster's claim settlement release form, and accepting the insurance award payout can have far ranging consequences.
So look for those topics in this section, as well as the first basic question many people ask after they have sustained disabling personal injuries at the hands of a negligent driver, negligent dog owner, or negligent store or property owner: "Just how much bodily injury insurance does this guy have to cover necessary payments for medical expenses, wage loss, and the pain and suffering his negligence has caused me?"
Here are the four initial topics to consider if you have suffered a serious, debilitating, permanent personal injury that might be in excess of liability insurance policy limits:
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- The initial issue is that you would like to know what the automobile insurance liability or homeowners' premises liability or dog bite liability insurance policy limits are on the other side;
- A second issue is where the insurance adjuster has offered up her liability insurance policy limits for a complete settlement of your personal injury claim, and you wonder what to do about her offer: should you accept it, or do you have to notify anybody first?
- Third is the issue of cutting back on (or defeating altogether) the subrogation claim your health insurer, HMO, or auto insurance carrier will surely want to make against your insurance settlement award. If you have received Personal Injury Protection (PIP) payments for medical care or wage loss, then your auto insurer will certainly try to make a subrogation claim for reimbursement from the amount you are awarded by the negligent driver's liability insurance company. Your own insurance adjuster for PIP has already been in touch with the tortfeasor's insurance adjuster to file a claim and update it each time she makes another PIP medical cost or wage loss payment.
- Fourth is where you have your own UIM automobile insurance coverage and you intend to make a bodily injury claim and do not want to lose your rights with your own insurance company. There are specific notice requirements that you need to adhere to if you are to accept the tortfeasor's policy limits settlement offer. Even if you do not become a member of SettlementCentral.Com, at least be on the alert to notify your own UIM insurance carrier of the pending settlement with the tortfeasor.
1. Timing is important in evaluating and accepting a settlement offer of insurance policy limits. You cannot just accept the personal injury award money without planning how to deal with the other liability insurance factors listed on this page
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 policy limits 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, the tortfeasor. For these reasons, it is prudent to:
Even if you do not become a member of SettlementCentral.Com, we want the best for your personal injury claim, so at the least, you will want to take the time to read through the following table of contents. This is part of the insurance claims policy limits module as we present it on the members' side, where a comprehensive guide awaits to assist you in your policy limits insurance claim. There follows a listing of topics in the members' side, which we present here in outline form for your use as a checklist of things one needs to consider in handling a negligence insurance policy limits claim.
- become a member of SettlementCentral.Com by clicking the links to the right and below; or, failing that,
- read all of this section carefully and keep note of the steps we recommend; and
- consider legal advice from one of the SettlementCentral.Com Attorney Network associates, all of whom are well-qualified in bodily injury insurance claim settlements, and all of whom have agreed to give a discount off their fees to those who mention that they came from SettlementCentral.Com. DISCOUNT ATTORNEYS' FEES-qualified and experienced personal injury insurance claim attorneys.
Do not delay: timing is important, so if you are considering whether or not to accept a policy limits offer, at least make contact with your own company and ask them for guidance. One type of personal injury claim that seems to require more attention to timing than the others is a car accident injury. Part of the reason for that is that unlike the vicious dog bite or the slip and fall claim, in car accident insurance claims, one has two other aspects at play: defending against a subrogation claim and safeguarding one's own UIM claim.
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2. A Necessary Tutorial on Principles of Successful Settlement of a Policy Limits Insurance Injury Claim, While Preserving Your Rights to Claim Against Your Own Car Accident Uninsured Motorist or Underinsured Motorist Coverage (UIM)
- 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.
- 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.
- The politics of insurance industry influence on state legislature versus trial attorney advice.
- 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.
- 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:
- UIM Stacking States and NON-Stacking States;
- Equitable Subrogation Versus Enforced First Dollar Subrogation
- 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
3. Introduction to Policy Limits Settlements in Personal Injury Insurance Injury Claims
- Introduction to what are liability insurance "policy limits" for bodily injury caused by negligence (intentional torts are not insured).
- Introduction to why is it important to know what policy limits are.
- How does one get to know the amount of the policy limits?
- Now you have a policy limits settlement offer-what should you do next?
4. Necessary Steps to Complete in Order to Accept a Liability Insurance Policy Limits Offer in Settlement of a Bodily Injury Insurance Claim
- 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
5. We Provide Numerous Examples and Letters for Your Use in Settling Your Own Policy Limits Injury Claim
- 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
6. Here Are Some Related Personal Injury Topics on the Online Insurance Claim Resource, SettlementCentral.Com
Follow our 5 Simple Secrets to Successful Personal Injury Settlements and settle your own insurance injury claim for the maximum amount of cash, and in the time of your choice (not as dictated by the order of files in the stack on the attorney's floor)
Visit our Directory of Information on Car Accident Insurance Claims Procedures for a good starting point in learning how to settle your own personal injury car accident claim.
See what our members say: SettlementCentral.Com Members Settle Personal Injury Insurance Claims For Top Dollar
Why not become a member of SettlementCentral.Com TODAY, and join hundreds of satisfied claimants who are working "self-help" online to achieve a fair and reasonable settlement of their personal injury insurance claims? Join Now!