not sure the heading was purposely planned, or in response to the Backstreet boys comment from yesterday’s post. either way, I NEVER WANNA HEAR YOU SAYYYYYYYYYYYY……
Stupid question but how does recovery work on a UIM claim? Do people typically still get some money in their pockets? I have a friend who was hit by someone without any insurance. He has $250K in uninsured motorist coverage. His attorney is having him treat with the usual providers (chiro, injections etc.). He’s probably racked up around $50K in past meds so far and he is being sent for a surgical consultation.
UM/UIM is in excess of the at-fault’s policy limits. In this case, your guy was hit by someone with policy limits of zero (double check that, though. If he was an excluded driver under someone else’s policy, but still a household member or potentially covered, you might be able to tag that policy for the $25k minimum). So, you submit it to your guy’s insurance company after telling them there is no other insurance.
If there ends up being insurance after the claim is paid, the UM/UIM might be after to subrogate and go after that insurance for a portion, but that’s their problem to solve, not yours, and not your client’s.
you will have to establish that there are no other limits, through household member, etc. as 10:40 has stated. Recall that if there are, then the UM carrier will get an offset of that coverage, even if some of it was left on the table. So be cafeful there.
OP here, so back to my original question. Should my friend still expect to see some money in his pocket for pain and suffering etc. like as if this were a regular claim against someone who was at-fault/did have insurance?
Yes, Excess coverage means the settlement should be the same or similar to the primary insurance, if any. That said, if the insurance company drags its feet, the bad faith claim is the clients, not the Tortfeasor’s to be assigned to the Plaintiff.
How is this a “problem”? The “usual providers” are the same providers that care for injured individuals who aren’t attorney represented– chiropractors, general practitioners, pain doctors, radiologists. Most people don’t have easy access to doctors in this town. Have you tried to get an appointment lately? I have. Doctors are typically scheduling out at least 1-2 months. Many providers won’t treat individuals involved in accidents. And I don’t know about you, but I’ve never treated with a chiropractor or an orthopedic surgeon, so it’s not like I can call as a past patient and get an appointment the same week. Attorneys have relationships with doctors that treat on liens so that they can ensure fast care without the insurance hurdle.
Running, capping and chiro and pain doc. Run up the treatments for large bill, attorney settles the case, and the med providers agree to reduced payment. This is a well-oiled machine with cooperation by all.
Someday, someone, maybe the Feds, will call this a conspiracy.
Injured person in car accident that is not their fault is hurt. They have no health insurance. How do you expect them to receive treatment for their injuries? Or do you expect them to just f off and go away?
@11:51
Reading compression please! The comment did not suggest that the injured should not be treated. It did address the practice of inflating billing for larger settlements.
Where did it say he was injured, that he didn’t have health insurance, or access to doctors? It said his attorney is having him treat with the usual providers. Based on what was and was not stated, combined with what everyone knows about how the game is played, I said what I said.
the usual providers are scam artists that provide nothing of value and are only creating fake numbers so the attorney gets to steal more from their greedy and uninjured client. May PI attorneys repent and change their horrible lives.
Because it’s harder to commit fraud and pre-negotiate a 10 cents on the dollar rate, duh.
Guest
Anonymous
September 13, 2024 11:51 am
These big law mergers are understandable if not a little disappointing. I think the writing has been on the wall that the mid size/regional civil litigation firms are dwindling but seeing all these megafirms seem to keep the continuation of that trend.
not sure the heading was purposely planned, or in response to the Backstreet boys comment from yesterday’s post. either way, I NEVER WANNA HEAR YOU SAYYYYYYYYYYYY……
… BYE BYE BYE
Wrong boy band…
Stupid question but how does recovery work on a UIM claim? Do people typically still get some money in their pockets? I have a friend who was hit by someone without any insurance. He has $250K in uninsured motorist coverage. His attorney is having him treat with the usual providers (chiro, injections etc.). He’s probably racked up around $50K in past meds so far and he is being sent for a surgical consultation.
UM/UIM is in excess of the at-fault’s policy limits. In this case, your guy was hit by someone with policy limits of zero (double check that, though. If he was an excluded driver under someone else’s policy, but still a household member or potentially covered, you might be able to tag that policy for the $25k minimum). So, you submit it to your guy’s insurance company after telling them there is no other insurance.
If there ends up being insurance after the claim is paid, the UM/UIM might be after to subrogate and go after that insurance for a portion, but that’s their problem to solve, not yours, and not your client’s.
you will have to establish that there are no other limits, through household member, etc. as 10:40 has stated. Recall that if there are, then the UM carrier will get an offset of that coverage, even if some of it was left on the table. So be cafeful there.
OP here, so back to my original question. Should my friend still expect to see some money in his pocket for pain and suffering etc. like as if this were a regular claim against someone who was at-fault/did have insurance?
Yes, Excess coverage means the settlement should be the same or similar to the primary insurance, if any. That said, if the insurance company drags its feet, the bad faith claim is the clients, not the Tortfeasor’s to be assigned to the Plaintiff.
As we so often say, “it depends.”
Both special and general damages are recoverable against UIM/UM coverage.
And this illustrates the problem – “His attorney is having him treat with the usual providers…”
How is this a “problem”? The “usual providers” are the same providers that care for injured individuals who aren’t attorney represented– chiropractors, general practitioners, pain doctors, radiologists. Most people don’t have easy access to doctors in this town. Have you tried to get an appointment lately? I have. Doctors are typically scheduling out at least 1-2 months. Many providers won’t treat individuals involved in accidents. And I don’t know about you, but I’ve never treated with a chiropractor or an orthopedic surgeon, so it’s not like I can call as a past patient and get an appointment the same week. Attorneys have relationships with doctors that treat on liens so that they can ensure fast care without the insurance hurdle.
Running, capping and chiro and pain doc. Run up the treatments for large bill, attorney settles the case, and the med providers agree to reduced payment. This is a well-oiled machine with cooperation by all.
Someday, someone, maybe the Feds, will call this a conspiracy.
The feds will call ANYTHING a conspiracy, all they need is a single snitch.
Injured person in car accident that is not their fault is hurt. They have no health insurance. How do you expect them to receive treatment for their injuries? Or do you expect them to just f off and go away?
@11:51
Reading compression please! The comment did not suggest that the injured should not be treated. It did address the practice of inflating billing for larger settlements.
Sorry, comprehension. I studied at CCSD.
Where did it say he was injured, that he didn’t have health insurance, or access to doctors? It said his attorney is having him treat with the usual providers. Based on what was and was not stated, combined with what everyone knows about how the game is played, I said what I said.
What a moronic analysis.
maybe I will become a Fed just so I can prosecute these PI scammers
the usual providers are scam artists that provide nothing of value and are only creating fake numbers so the attorney gets to steal more from their greedy and uninjured client. May PI attorneys repent and change their horrible lives.
Get back to billing .1 otherwise you might get fired FBU!
Because it’s harder to commit fraud and pre-negotiate a 10 cents on the dollar rate, duh.
These big law mergers are understandable if not a little disappointing. I think the writing has been on the wall that the mid size/regional civil litigation firms are dwindling but seeing all these megafirms seem to keep the continuation of that trend.
That, along with suppression of solos, and one starts to wonder. Oh, and the new real estate, I mean, bar exam.