nmoira Posted September 6, 2012 Share Posted September 6, 2012 This summer my eldest was hit in a marked crosswalk and is still recovering. She is going to be ok, but it's of course been terribly hard on her and, to a lesser degree, the rest of the family. The driver was under-insured, but we fortunately have under-insurance coverage on our auto policy. If we didn't have our own car insurance, we would be paying out-of-pocket (after health insurance and Oregon PIP). Laws vary by state, so this may not apply to you, but please check you car insurance coverage for two things: (1) Under-insured motorist coverage will protect you if someone in your family (even as a pedestrian) is injured by another vehicle whose driver has minimum and insufficient coverage. In Oregon the minimum required coverage for personal injury is only $25,000. (2) Your own policy's personal injury coverage. In most cases its a relatively small increase to bump up the coverage to $500,000. We were lucky that our agency refuses to sell policies with minimum personal injury coverage. Insurance companies that aggressively market their cost savings will rarely tell you that for only a little bit more you can significantly increase your coverage. Quote Link to comment Share on other sites More sharing options...
nmoira Posted September 6, 2012 Author Share Posted September 6, 2012 Bump Quote Link to comment Share on other sites More sharing options...
JumpyTheFrog Posted September 6, 2012 Share Posted September 6, 2012 We made sure to get un- and under-insured coverage. We live in an area with many immigrants, many of whom are probably here illegally. I've heard that among this group (at least in other states) a high percentage are driving without any insurance, or sometimes even a license. We wanted to make sure we were covered if one of them smashed into us. Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted September 6, 2012 Share Posted September 6, 2012 Is your insurance company suing the driver personally for the shortage? Even if he is underinsured, if he caused the accident then he is personally liable. So, I would think your insurance company would be suing him to garnish his wages, and any assets including his home. Quote Link to comment Share on other sites More sharing options...
JumpyTheFrog Posted September 6, 2012 Share Posted September 6, 2012 Suing only works if the person being sued has any assets. Many un- and under-insured drivers probably don't have many assets. ETA: I agree that the other driver is still liable. Quote Link to comment Share on other sites More sharing options...
nmoira Posted September 6, 2012 Author Share Posted September 6, 2012 (edited) Is your insurance company suing the driver personally for the shortage? Even if he is underinsured, if he caused the accident then he is personally liable. So, I would think your insurance company would be suing him to garnish his wages, and any assets including his home. Because DD is a minor, we don't have to settle for seven years, in case of unforeseen complications (unlikely in this case, but still...). It will also have to be approved through a court, because any settlement over the expenses is hers, and is placed in a restricted account. I don't (ETA: yet) know the law beyond that. I was advised to contact our health insurance company (secondary coverage) because they will frequently waive the right to place a lien against the settlement in the case of a minor. The more immediate issue for us that if we didn't have our own car insurance, we'd be the ones fighting for reimbursement. Edited September 6, 2012 by nmoira Quote Link to comment Share on other sites More sharing options...
Kari C in SC Posted September 6, 2012 Share Posted September 6, 2012 Is your insurance company suing the driver personally for the shortage? Even if he is underinsured, if he caused the accident then he is personally liable. So, I would think your insurance company would be suing him to garnish his wages, and any assets including his home. That is only if they have anything to sue for. The girl that caused the accident that killed my son had no insurance. The car was not even registered to her. The people that owned the car had no insurance and really no assets. So, while in theory - they are liable - there is no point. You can't get blood from a turnip. Quote Link to comment Share on other sites More sharing options...
nmoira Posted September 6, 2012 Author Share Posted September 6, 2012 That is only if they have anything to sue for. The girl that caused the accident that killed my son had no insurance. The car was not even registered to her. The people that owned the car had no insurance and really no assets. So, while in theory - they are liable - there is no point. You can't get blood from a turnip. :grouphug: Quote Link to comment Share on other sites More sharing options...
JennyD Posted September 8, 2012 Share Posted September 8, 2012 Oh my goodness, I'm so sorry. Poor girl! I hope that the rest of her recovery goes quickly. Quote Link to comment Share on other sites More sharing options...
nmoira Posted September 8, 2012 Author Share Posted September 8, 2012 Oh my goodness, I'm so sorry. Poor girl! I hope that the rest of her recovery goes quickly.Thanks. The bumps, bruises and scrapes are all healed, and her cast should be off by the end of this month. Fortunately, she doesn't remember the accident. She was most devastated initially about missing her overnight summer camps, etc., but we've suspended school until the cast is off (bigger than it sounds for her, because we rarely take breaks) and have pretty much allowed the kids to do whatever they want. After a week they were bored of it, but then recharged and renewed, and have gone through the last month with gusto. We're trying to make it more a "Remember when we got to ________ all day?" experience, rather than dwelling on the injuries. Quote Link to comment Share on other sites More sharing options...
JennyD Posted September 8, 2012 Share Posted September 8, 2012 Thanks. The bumps, bruises and scrapes are all healed, and her cast should be off by the end of this month. Fortunately, she doesn't remember the accident. She was most devastated initially about missing her overnight summer camps, etc., but we've suspended school until the cast is off (bigger than it sounds for her, because we rarely take breaks) and have pretty much allowed the kids to do whatever they want. After a week they were bored of it, but then recharged and renewed, and have gone through the last month with gusto. We're trying to make it more a "Remember when we got to ________ all day?" experience, rather than dwelling on the injuries. Well, I'm glad that you've been able to make at least a bit of lemonade out of the circumstances, but still. How very lucky that she doesn't remember the accident itself. Quote Link to comment Share on other sites More sharing options...
stripe Posted September 8, 2012 Share Posted September 8, 2012 I am so, so sorry to hear about this, Moira. Quote Link to comment Share on other sites More sharing options...
kiwik Posted September 8, 2012 Share Posted September 8, 2012 :grouphug: your system is solo scary. Quote Link to comment Share on other sites More sharing options...
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