Expert: Richard Hixenbaugh - 10/16/2011

Question
PI bodily injury.  I spoke with you in 2009 and 2010 about my accident.  I was a passenger in a DC taxi that got rear ended and I got hurt pretty bad.  Had surgery, feeling better but arthritis and occasional numbness in right shoulder persists.  Cab driver was not at fault.  Accident happened in Maryland.  Driver of at fault vehicle was a young man maybe 18 yo.  Not his car but unsure if licensed because he could not produce a license at that time.  He had permission to drive the car from family member.  Requested policy limit.  State Farm paid injuries and fixed the taxi driver's car back in 2009.  Does not want me to submit to IME.  Admits 100% at fault but now SF is stalling.  I have UM and UIM 50/100.  Statute of limitations runs out Feb 2012. Can I sue the driver, and the car owner, and collect UM/UIM from the taxi I was riding in and UM/UIM from my insurance company (Virginia/stacking state)?  How long can SF stall within reason.  It has been 5 months.  They are not asking me for anything.  I am available for IME if necessary.  Just want to move forward.

Answer
Hi Vanessa,

You should assume that State Farm will attempt to stall you right past the end of the statute of limitations. Then they won't have to pay you anything and you won't be able to pursue your UIM claims either.

You should send a letter certified mail/ return receoipt requested to State Farm requesting an update of your claim and asking exactly what has to be done and when in order to complete your claim. Remind them that you are aware of the Statute of Limitations and that you will hire an attorney and file suit if necessary to protect your interests. You will need to stay on top of them on a weekly basis asking for specific answers to specific questions. Do not let them stall you any more. Elevate the claim to management if you feel you are getting the run around.

As for your questions about UIM stacking in and the Taxi UIM coverage, I am not specifically knowledgeable in those areas. You should consult with an attorney who specializes in these areas who is licensed in the state where the accident happened.

I hope this helps
Richard Hixenbaugh