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If you have damages over what the insurance covers the insured is still liable. I think you actually always sue directly its just the insurance company pays fo

If you have damages over what the insurance covers the insured is still liable. I think you actually always sue directly its just the insurance company pays for the lawyers and settlement. The lawsuit will be Bob Smith vs Allen Jefferson not Bob Smith vs Progressive Insurance.

NavinF 2y ago
What I mean is that car crash insurance claims almost never go to court. Suing for more than the $1M coverage could be one reason, but the article doesn't say why. Anyway judges almost always honor arbitration clauses because it gets the case out of court. If anyone could get out of arbitration by saying "my daughter signed the agreement, not me" that would lead to a lot more cases getting tried in court
- deleted 2y ago
  [deleted]
- olliej 2y ago
  Medical bills can easily exceed a million, especially if multiple people are involved.
  - NavinF 2y ago
    Sure, if nobody involved has health insurance. In the US 92% do. Hell, in my state half the residents get health insurance for free with medicaid. In the normal case, the car insurance company just has to pay your 20k health insurance deductible. Again, the article just waffled on about some ToS without explaining how the plaintiff ended up in this situation
    - FireBeyond 2y ago
      Uhhh, if your health insurer has a target with verified liability, they absolutely can, and will, if they deem it worth it, go after that party if your healthcare costs "fall through" to them. Otherwise it's a simple rort. Because after all, -you- are paying for your healthcare through insurance, directly or indirectly.
      - NavinF 2y ago
        Why is that first line relevant? Is the insurance company suing Uber? That would be a more interesting lawsuit. And no, this is not a "simple rort", whatever that means. In general you can only sue for actual damages. Eg the 20k deductible you had to pay and some more for emotional emotional distress, lost wages, and such.
        FireBeyond 2y ago
        > In general you can only sue for actual damages. Eg the 20k deductible you had to pay and some more for emotional emotional distress, lost wages, and such. Right. And your health insurer is free to sue, if they do pay for your care, for their actual damages caused by the liable party...
olliej 2y ago
It doesn’t matter if someone else is legally required to cover the costs you incur in an accident. you are liable for the costs incurred. You sue the other entity to get the money to pay those bills, if they cannot afford it you still have to pay those bills. Yet another way healthcare in the US bankrupts people when they’re not at fault.

NavinF 2y ago

What I mean is that car crash insurance claims almost never go to court. Suing for more than the $1M coverage could be one reason, but the article doesn't say why. Anyway judges almost always honor arbitration clauses because it gets the case out of court. If anyone could get out of arbitration by saying "my daughter signed the agreement, not me" that would lead to a lot more cases getting tried in court

deleted 2y ago
[deleted]
olliej 2y ago
Medical bills can easily exceed a million, especially if multiple people are involved.
- NavinF 2y ago
  Sure, if nobody involved has health insurance. In the US 92% do. Hell, in my state half the residents get health insurance for free with medicaid. In the normal case, the car insurance company just has to pay your 20k health insurance deductible. Again, the article just waffled on about some ToS without explaining how the plaintiff ended up in this situation
  - FireBeyond 2y ago
    Uhhh, if your health insurer has a target with verified liability, they absolutely can, and will, if they deem it worth it, go after that party if your healthcare costs "fall through" to them. Otherwise it's a simple rort. Because after all, -you- are paying for your healthcare through insurance, directly or indirectly.
    - NavinF 2y ago
      Why is that first line relevant? Is the insurance company suing Uber? That would be a more interesting lawsuit. And no, this is not a "simple rort", whatever that means. In general you can only sue for actual damages. Eg the 20k deductible you had to pay and some more for emotional emotional distress, lost wages, and such.
      - FireBeyond 2y ago
        > In general you can only sue for actual damages. Eg the 20k deductible you had to pay and some more for emotional emotional distress, lost wages, and such. Right. And your health insurer is free to sue, if they do pay for your care, for their actual damages caused by the liable party...

olliej 2y ago

It doesn’t matter if someone else is legally required to cover the costs you incur in an accident. you are liable for the costs incurred. You sue the other entity to get the money to pay those bills, if they cannot afford it you still have to pay those bills. Yet another way healthcare in the US bankrupts people when they’re not at fault.