Can I turn after a third jamboree insurance company over an injury claim after my PIP have already salaried?
I was in an catastrophe. It was the other person's fault. Her insurance company standard liability for the accident. My medical bills where rewarded out of my personal injury protection (PIP) with my own insurance company. Can I go after the other person's insurance company for a personal injury claim also?
Answers:
The above answer is correct.
Since you subsequently added that you live in Texas, the answer is probably yes, because Texas is not a state where you lose your right to sue.
You failed to note what State you are within. This is extremely important as auto insurance laws are different within each State. Does your State have a no idiosyncrasy system?
Generally speaking, you can not be paid twice for the same injury. However you may be capable of sue the other driver for loss of wages and pain and sufferring if you had an actual bodily injury. The extent of your bodily injury (as defined by your State) would determine your handiness to sue for damages.
Again, not knowing your State of residence precludes giving you a more accurate answer. Source(s): 35 years insurance industry experience
Check beside your adjuster.
See, your policy says, once your policy pays you, you transfer your right to restore your health, to your insurance company.
So IF you go after them, you have to reimburse your insurance company, what they compensated out. You can't collect twice, for the same thing, from two different insurers.
Personal injury - strain and suffering - is slightly different than medical bills. So, it's possible that your insurer would allow a P&S claim against the other party, without attaching the clearance. But it's MORE likely that the money you got from them, would come beside a lein against it, by your insurer. Source(s): agent, 21+ years
No - you can dance after the other party, but you can't sue their insurer. Their insurer did not cause the catastrophe.
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Answers:
The above answer is correct.
Since you subsequently added that you live in Texas, the answer is probably yes, because Texas is not a state where you lose your right to sue.
You failed to note what State you are within. This is extremely important as auto insurance laws are different within each State. Does your State have a no idiosyncrasy system?
Generally speaking, you can not be paid twice for the same injury. However you may be capable of sue the other driver for loss of wages and pain and sufferring if you had an actual bodily injury. The extent of your bodily injury (as defined by your State) would determine your handiness to sue for damages.
Again, not knowing your State of residence precludes giving you a more accurate answer. Source(s): 35 years insurance industry experience
Check beside your adjuster.
See, your policy says, once your policy pays you, you transfer your right to restore your health, to your insurance company.
So IF you go after them, you have to reimburse your insurance company, what they compensated out. You can't collect twice, for the same thing, from two different insurers.
Personal injury - strain and suffering - is slightly different than medical bills. So, it's possible that your insurer would allow a P&S claim against the other party, without attaching the clearance. But it's MORE likely that the money you got from them, would come beside a lein against it, by your insurer. Source(s): agent, 21+ years
No - you can dance after the other party, but you can't sue their insurer. Their insurer did not cause the catastrophe.
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