My family was on vacation in LA CA and on their 2nd day there they were in a rear ended collision. The other driver was found to be at fault and his insurance company paid for the damaged rental car. After 13 months I began the PI settlement talks with the responsible party's INS company. It took over 2 months of back and forth mostly due to me trying to figure out the policy limits and them low balling us. The whole thing was also complicated by the unknown where a bouts of the responsible driver.( fled the state) We are now very close to a settlement just $1,301 under the max limits. There were 4 people injured in the accident, my wife and 3 children. We have a total of $13,547 in medical cost that was paid through my PIP coverage.
I have spent around 80hrs dealing with this issue and feel because the at fault driver can't be found I should take the $28,699 offer and then file an under insured claim with my insurance company.
My insurance company's lawyer contacted me about reimbursing my Ins company for the PIP payments and I was told that if I file a under insured claim that most likely they will close the file.
I'm getting nervous, where can this backfire on me?
Wow after months of trying you're just $1,301.00 short of the policy limit? Gee..... Oh and confused about PIP and UM. Stop right there in your tracks before you go off the tracks. UM is not simple and you're about to blow it. First you need to secure that limit (per person) before you can present a UM claim and before you accept the limit you have to secure the UM carrier's written permission to accept the BI limit. As for PIP, liens by medical providers and other impediments you need an attorney. You'll mess this up for sure. I mean what do you do for a living? Do you think I could work into your work place and just take over for you? Hire an attorney, you've wasted 80 hours of your life. This is what we do for a living. Good luck
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You have already found out how this will backfire on you. Immediately get a personal injury attorney to handle your matter. You will not come out ahead unless you do so.
Your statement really doesn't provide enough information to evaluate your situation. You probably need an attorney in the county where the accident occurred (or where the tortfeaser resides). Private investigators seem to be able to find anybody. Under Washington law, before settling with the responsible party's insurance company, there should be a Hamilton letter written to your UIM carrier to obtain their agreement. Hamilton v. Farmers Insurance Co., 107 Wn.2d 721, 733 P.2d 213 (1987). (https://www.lexisnexis.com/clients/wareports/).
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