Tip of the Week #4

It may be possible to salvage a blown SOL in a state with a longer limitations period than Oklahoma's. I have saved more than one attorney from a malpractice suit in this way. Of course, you have to have a defendant amenable to personal jurisdiction in the state with the longer SOL. Sometimes, however, you can get away with having a defendant who doesn't understand jurisdiction and shows up and defends in the other state without raising a jurisdictional problem.

1 comment (Add your own)

1. Fran wrote:
UMBI is uninsured boildy injury coverage; it pays if the other person who is found at fault for an accident and has no insurance;UIMBI is under-insured boildy injury coverage; this pays if the other person found at fault does not have enough coverage to pay for your injury;i have 250K/500k UMBI and UIMBI; on my policy; i live in the state of Indiana and the minimum coverage is 25K, just like the other guy; i am a claim adjuster and knowing from experience like your case, i made sure i have enough coverage just in case; the main reason for both UMBI and UIMBI is that it protects you; so in the above case here is an example;if your injury is worth 75K; the other guys company pays 25K and then your company would come in and pay 50K making a total of 75K; but in the same example, lets say you only had 50K of UIMBI; the other company pays you 25K and your company pays you 25K, making a total of 50K; now even if your injury is 75K, you can only get the max of coverage you bought; so that is the reason for buying the maximum you can afford; when we settle a claim for the company's limits or under the uninsured or under insured, we do a credit check 1st; this can find out if the other person who either has no insurance or not enough insurance has other assets we can go after; ie; equity in an house; bank accts, life insurance etc; most of the time, they don't have any assets and that is the reason for minimum limits on their policy, since there is nothing to grab; you have an attorney who is representing you; he should be able to determine if you can go after his life insurance or not; also; most attorneys will negotiate medical bills with providers; they usually will get them to reduce them by 1/3; in your case, they might be willing to reduce them more since in your case, you will not be getting anything from this settlement; but then again, only your attorney can guide you on your rights and what he is able to do; good luck and call your insurance company and add this coverage; it wont do you any good for this accident, but hopefully you will never need it again, but now you realize the importance of this coverage;1 more thing to add; if you have uninsured, you should have under insured coverage on your policy; your lawyer would have requested a copy of your declarations of your policy verifying this; one possible scenario is that you have the minimum coverage of 25K also; so if you have 25k uninsured and 25k under-insured, then your policy would not pay, since your policy only picks up where the other leaves off; i have seen this many times and just thought how stupid that is, since technically you have no under-insured coverage if it is only the minimum and you would never be able to claim this;

Sat, April 27, 2013 @ 7:48 AM

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