Expert: Anne - 9/30/2010

Question
A husband and wife were involved in a weather related auto accident, in the wife's car and he was the at fault driver, that struck the other auto.  Both autos were covered by the same insurance company.  The insurance company replaced the at fault driver's wife's car and paid all medical bills about $17,500.  The other driver had a claim paid in excess of $125,000, the auto replaced  and medical expenses.  Those dollars paid were charged to the at fault driver.  The insurance company stated that the wife of the at fault driver had an amount due from the uninsured motorist part of her policy for pain and suffering. This is an accident that occurred in Illinois.  The driver attempted to read the uninsured motorist part of the policy, to learn how the benefit was payable, but could not understand it at all.

How is an appropriate pain and suffering amount determined for medical expenses in excess of $17,500. and is an additional allowed for all the trips back and forth to doctors?  

Would it be advisable to perhaps consider hiring an attorney in such a situation?

Thank you in advance for your answer.  

Answer
Hello Bob,

Well, there is a lot of information here without much detail as to what the policy say exactly. A passenger can recover against the driver for the drivers negligence (even if a weather related accident and even if there is a spouse situation).

The pain and suffering is paid under the liablity coverage of the policy that is covering the driver. If the liability coverage there is not enough to cover all damages the driver is liable for, then there may be coverage under the under insured (or uninsured) motorist coverage for bodily injury. The coverage will be subject to those limits.

Please see:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

Good Luck
Anne
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