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when insurance pays injuries, who gets paid first?



"B&P"
10/2/2004 1:19:14 PM


I was recently injured in TX when a car turned left into my lane. I was on
my motorcycle and I boke R forearm & R knee, both requiring surgery. It'll
be about 6 wks until I'm free of casts/splints, and I will have missed about
3-4 wks of work as a result. Accident report finds other driver
clearly/completely responsible, and she got a ticket for "failure to yield".
If the insured is only covered for $20K on personal injury, is there a
legal/standard method of deciding WHO (as in my heath ins co. for
reimbursement of the medical bills they've paid, or ME for pain&suf. and
lost wages) gets paid from this small pot?
Once the ins. co. has paid out $20Kon their personal injury liability
obligation, I assume I can get nothing more from them, right?
In general, is it worthwhile to sue the other driver for amounts their ins.
co has not paid due to the $20K limit?
My general sense is that the other driver has very limited assets, so any
judgements I win would be up tp me to collect on. Is it very difficult to
attach liens to people's vehicles?
Thanks in advance
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"David Martel"
10/3/2004 9:57:33 PM


B&P,
If you have some sort of health insurance and they are paying the bills
for your recovery, check your policy to see if they are entitled to collect
from the other driver. Also check with your auto insurance agent since you
may be able to collect from them ( underinsured motorist rider ). You should
report the accident to them if you haven't already. Lawyers routinely handle
auto cases on contingency so it wouldn't hurt to talk to a few and see what
they think they can do for you if your auto insurance won't provide you with
legal help.
Good luck,
Dave M.
 
 
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