Expert: Richard Hixenbaugh - 4/13/2009

Question
We were in an accident towing our trailer. Thank God there were only bumps and bruises.  No other person or car was hit.  Both our car and trailer were totaled.  Someone from our insurance company called me and said my huband and son would be entitled to a 3rd party settlement after the medical claims were complete since they were passengers and I would be considered at fault. (So far I have not been issued a citation or anything) The accident occured in VA, not our home state. Our UN/UI is $15/30 our Bodily Injury is 250/500.  Under which would the insurance company be paying from? Should we even go down that road?  Would I be considered convicted of a crime?  Do we need a lawyer?

Answer
Hi Cyndee,

You do not need a lawyer. The claim for your husband and child would be paid from the bodily injury liability part of your policy. Since you indicated that the injuries were minor, so too will the settlement be minor. The insurance company is trying to "cash you out". This means that they will make a token offer in exchange for a signed release form. For example they may offer each of them $500.00 to $1000.00 for the inconvenience of having the minor bruises.

This is not a big deal. You are not guilty of a crime. This is simply an at fault accident. You do not have to be issued a citation to be considered at fault.

Just listen to what the adjuster offers you and if it seems reasonable for the type of injuries, then just accept, sign the release and get a check.

I hope this helps
Richard Hixenbaugh