Auto Insurance Claims: rear-end collision - same ins company as mine, arbitration provisions, auto insurance company


Question
In 2004, I was rear ended by a driver carrying the same insurance provider as mine.  The provider totaled out my vehicle promptly and also made an attempt to offer me a few hundred dollars for personal injuries.  I declined, and chose to wait simply because it was less then a week after the collision and who knew what kind of subsequent damage I might feel in upcoming months.  I contacted my insurance company a few years later and referenced the incident and they stated I was not entitled to any claim monies because I did not have PIP.  Well I didn't rear end myself, it was their other insured driver that hit me and what happened to the initial offer? Is it null and void after a certain amount of time eventhough I never signed off?  What are my options if any?  I simply want to be compensated for the time missed from work and the doctor visits that neither auto insurance company nor my health insurance covered, including prescriptions.  They also made me cover a portion of car rental up front that I wanted to recoup.  Its seriously not much, but it equates to around $750 and I feel I am still entitled.
Thank you,
Shelby

Answer
Shelby,

You are entitled.  Unfortunately, it's such a small amount that you probably couldn't find a lawyer in your state that would take the case.

How about this: look in our policy for the arbitration provisions and file for an arbitration.  It's easy, cheap (about $250 typically), you can represent yourself and it's relatively informal.  If you prevail then you can ask for the arbitration costs as part of the settlement.

Hope this helps.

Ernest Ferraro