Aren't I eligible for an injury claim if my vehicle is covered by the driver who hit me insurance co.?
It was the other driver's fault. Her insurance co. assumed %100 liability. Her ins. co. said since I didn't own proof of ins. at the time of the accident that I cannot file an injury claim. Yet they are paying me $5,400 for my motorcycle repairs.
Answers:
Depends on your state...some states prohibit you from recovering for bodily injury if you are driving without valid insurance.
Ok, well the company isnt just lying to you for the fun of it so your grill should be "why isit denied" not "should it be denied". You must live in a state where you cannot create an injury claim unless you have insurance of your own. Which i think is completely objective. What if you had caused the calamity? The other person would not have be able to collect anything.. why should you? I hope you learned a lesson here...
Ignore the first answer.
Now, since it's significantly unlikely this is just for "not having proof of insurance", ie, not have your card on you, I'm assuming you're uninsured.
I'm guessing one of two things is happening here, and liability has zilch to do with it:
1) Your state forbids uninsured drivers from being eligible for injury claims, as a cost for being uninsured
- or -
2) Your injuries are only soft tissue/road unthinking type injuries that will resolve in time, and are not permanent, disfiguring, and/or severe. In most states that own a tort law (meaning, in a nutshell, you wages extra on your insurance policy for the right to sue for injuries), an uninsured driver automatically gets classified as the LOWEST/cheapest/most restrictive sort of option, because you weren't paying into the system. Again, this is a cost for being uninsured. If that's the case, they again merely owe you the bike damages.
Ask for a denial letter from the insurance company with good opinion to your injury claim - they'll spell out the reason why they won't pay, and later you're welcome to check it out with your state's Insurance Department to see if their denial is legit.
Good luck. Source(s): Far too long surrounded by claims
If they assume liability, they are trying to play you into not file a claim.. By claiming responsibility, they would HAVE to pay on the medical (which is an undetermined amount) Your insurance doesnt matter when they enjoy already assumed responsibility. If you file it anyway, and they dont respond (keep records), or if they prevent you from filing (get name, this is prob illegal) then you can fall support to your ins. (assuming all you were missing be proof) and file it, they will get it from the other. If you didnt hold any (and its required) you may just have to database for it in small claims....
Knowing where on earth the accident happened might give support to. If you are in the U.S. I have handle claims in many states and hold never heard of denying a liability claim to somebody who was uninsured. The adjuster may be stupid or lying. Either road you need to request a "denial" letter from them explaining what decree or court case they are basing this decree on.
Once that is received, I would suggest that you then contact your State Insurance Commissioners Office or an attorney to any confirm what the company told you or to tell you that the company is wrong.
If you have a legit claim don't endow with up. Their position sounds absurd. Source(s): Claims Adjuster for way too long.
You should know how to claim for your injuries but many states have previous laws that you cannot collect any "pain and suffering" if you be uninsured at time of loss.
Related Questions:
Auto twist of fate, beside minor injury...How do I produce a claim even if my son have not see a doctor.?
What manner of claim can I expect from a rollover stroke of luck cause by a foolish driver within april 06, W/ Injuries?
Can I collect Unemployment benefits AND be acceptance Insurance Claim money from and injury I receive not relat?
Will a personal injury claim by me on my own motor ins policy increase the premium?
Fell 2 yrs ago, homeowner file claim today for injury, strength insurance rewarded can co-pays be pd by other ins?
Answers:
Depends on your state...some states prohibit you from recovering for bodily injury if you are driving without valid insurance.
Ok, well the company isnt just lying to you for the fun of it so your grill should be "why isit denied" not "should it be denied". You must live in a state where you cannot create an injury claim unless you have insurance of your own. Which i think is completely objective. What if you had caused the calamity? The other person would not have be able to collect anything.. why should you? I hope you learned a lesson here...
Ignore the first answer.
Now, since it's significantly unlikely this is just for "not having proof of insurance", ie, not have your card on you, I'm assuming you're uninsured.
I'm guessing one of two things is happening here, and liability has zilch to do with it:
1) Your state forbids uninsured drivers from being eligible for injury claims, as a cost for being uninsured
- or -
2) Your injuries are only soft tissue/road unthinking type injuries that will resolve in time, and are not permanent, disfiguring, and/or severe. In most states that own a tort law (meaning, in a nutshell, you wages extra on your insurance policy for the right to sue for injuries), an uninsured driver automatically gets classified as the LOWEST/cheapest/most restrictive sort of option, because you weren't paying into the system. Again, this is a cost for being uninsured. If that's the case, they again merely owe you the bike damages.
Ask for a denial letter from the insurance company with good opinion to your injury claim - they'll spell out the reason why they won't pay, and later you're welcome to check it out with your state's Insurance Department to see if their denial is legit.
Good luck. Source(s): Far too long surrounded by claims
If they assume liability, they are trying to play you into not file a claim.. By claiming responsibility, they would HAVE to pay on the medical (which is an undetermined amount) Your insurance doesnt matter when they enjoy already assumed responsibility. If you file it anyway, and they dont respond (keep records), or if they prevent you from filing (get name, this is prob illegal) then you can fall support to your ins. (assuming all you were missing be proof) and file it, they will get it from the other. If you didnt hold any (and its required) you may just have to database for it in small claims....
Knowing where on earth the accident happened might give support to. If you are in the U.S. I have handle claims in many states and hold never heard of denying a liability claim to somebody who was uninsured. The adjuster may be stupid or lying. Either road you need to request a "denial" letter from them explaining what decree or court case they are basing this decree on.
Once that is received, I would suggest that you then contact your State Insurance Commissioners Office or an attorney to any confirm what the company told you or to tell you that the company is wrong.
If you have a legit claim don't endow with up. Their position sounds absurd. Source(s): Claims Adjuster for way too long.
You should know how to claim for your injuries but many states have previous laws that you cannot collect any "pain and suffering" if you be uninsured at time of loss.
Related Questions: