My friend and I was in an auto accident and the at fault insurance carrier wants to give the 30k/60k policy limit. Both our medical bills exceed 15k as we were taken to the emergency room. Does 30k/60k mean we get 30k each?
Basically yes. The policy limit appears to be $30,000 per person, up to a max of $60,000 of total paid out to all claimants. If only 2 people are making claims against the policy, then the policy limit will be $30,000 for each of 2 people. Get written proof of the policy limits and an affidavit showing there is no other insurance covering the at fault driver, before you settle. You should also each check if your have UM (uninsured motorist) coverage from your own insurance policies. That also includes UIM (underinsured motorist) coverage, and will compensate you for your losses beyond the $30,000 you get from the other driver. Get your UM/UIM insurance company to approve the underlying policy limit settlement before signing. See www.chakmakislaw.com for more info
It means that the maximum the insurance company is obligated to pay for the at fault person's liability for injury claims is under the insurance contract is $30,000 per person and $60,000 per accident. If only two people were injured, the most that would be paid out would be $30k each. If you had "uninsured motorist" coverage in an amount higher than $30,000 per person, you can make a claim up to the difference in the policy amount once you accept the other guy's policy limit. For instance, if you have $50,000 per person in uninsured motorist coverage, you could get an additional $20,000 as "under-insured" coverage under that policy.
What my colleagues have mentioned is correct. In answer to your question and in accordance with the facts you gave, the answer is YES. There could be additional money left on the table that you would undoubtedly need a personal injury attorney such as myself here in the LA area to review with you. I would be happy to provide you with a free consultation.
30 refers to $30,000. That means that no individual can receive more than $30,000 for the negligent conduct of the insured. 60 refers to $60,000. That means that only a total of $60,000 will be paid by the carrier to ALL claimants. In your situation, neither you nor your friend can get more thatn $30,000 from this insuance carrier, and if a third person made a claim after the $60,000 was paid, the claimant would be out of luck.
Do you have a personal injury attorney? if not, you msut seek counsel before accepting a settlement. You may have other avenues of recovery available, to include your own underinsured (U) motorist coverage.
Best of luck to each of you.
30/60 means that there is a maximum available for each injured party of $30,000 and $60,000 total per accident. So, if there are three people injured as the result of the at-fault party, his/her insurance will pay no more than $60,000 for the entire incident and may have to apportion the $60,000 between the three people but under no circumstances will any of the injured people receive more than $30,000.
Do either of your policies afford Medical Payments coverage? Again, this may be another avenue of compensation for you.
Additionally, if the at-fault driver was on the job at the time of the accident, you may be able to look to his/her employer's insurance for compensation.
Please see the links below and please contact a personal injury lawyer in your area.
A policy limit does not mean that is all one can recover as there may be other policies involved, there may be other defendants involved, there may be assets of a defendant or defendants to attack, etc.
No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. Claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.
I've been posting (sometimes cutting and pasting as I really couldn’t say what I said better myself) my biased opinions and comments here and there on the Internet and Avvo for a while now (since Al Gore invented online attorney forums, I believe), and every time I see a post about a person doing battle all by his or her non-lawyer self against an insurance company, I keep thinking the post might as well read something like, “my no-insurance second cousin on my father’s side needs to get that brain tumor removed from the base of his skull. It's now the size of a golf ball and is causing him to shake something fierce. He's up to six cans of Coors Light a day to stop the shakes. So, what I need to know is whether I should go in with my cordless Makita or the corded Dewalt...”
No one who has suffered personal injury should handle personal injury cases. No one but a neurosurgeon should do brain surgery, even if one’s second cousin is a schmuck.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
$30,000 is the most a person can get, and $60,000 is the maximum amount that can be awarded as a result of the collision. You may have a claim against your own insurer for your uninsured motorist coverage. So, you may be able to exhaust the liability coverage, and have additional coverage under your own policy. You should discuss this with an attorney to ensure you are rewarded the most possible.
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