What Happens when The Other Party Is Not Insured in A Personal Injury Case?
That would go into the victim’s own policy. Everybody thinks they are entitled to something because they were hit by somebody else. People should always try to have an understanding of their own policies, because there would usually be an underinsured or uninsured component option of the policy.
Some people disclaim it and do not take it, whereas they should take it and they should pay for it because it does not really cost that much. It would usually be around ten percent of the overall premium, so if the premium was a thousand dollars a year, the person might end up paying only a hundred to a hundred and fifty dollars to have that extra underinsured or uninsured motorist coverage.
This would be the part the person could claim. People often claim it first because it would be clear that the damages were actually that bad, so their policy would immediately write them a check for the damages, particularly in a death case, because there would be no amount of money that could ever recover that.
If someone had three hundred thousand dollars of underinsured or uninsured coverage under their own insurance policy, then their own policy would typically write them a check, write the estate a check, or write the survivor a check for the amount of underinsured or uninsured insurance. This would be in the absence of whether or not the defendant ever paid or not, because a lot of times it would just be making sure the person had the right to make those claims and had proper insurance.
The person would need to bring their own policies to the meeting with the attorney because that is how they would be able to get money if the other party did not have insurance.
What Do Insurance Companies Mean When They Refer To A Treatment Gap?
We usually tell people that we would not try to resolve a case until they had reached something called “maximum medical improvement.” There would be no treatment gap as long as the person was being treated or was in that process of trying to reach maximum medical improvement. From the date of occurrence to the time where the person reached maximum medical improvement, they would be using up time.
The time gap or treatment gap is an issue that carriers or the defense counsel usually raise when they do not necessarily believe the injury was caused by them, or they say that it is aggravation, a new aggravation or a new injury, because they would say it was a different injury if there was a substantial treatment gap.
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