QuestionQUESTION: First I would like to think you for your time. I was at a stop light parked. When a driver hit me at 40+ mph while under the influence of something according to a police officer at the hospital. It ended in a 7 car pile up. I was the first hit and taken to the e.r. by ambulance due to neck injury. after a ct scan the Dr. said I had a sprained shoulder and sprained cervical. Its been 6 days since the accident. My neck feels uncomfortable and out of place. I have headaches that are horrible. My shoulder feels out of place. It hurts my neck to lift things. I'm scared and paranoid sitting at parking lights or when vehicles are to close to me. My vehicle is now a big pile of junk. I'm having trouble finding rides to work and walking to near by restaurants for my lunch break. The at fault persons insurance has yet to call me. My insurance company who I only carry liability/comp. and also uninsured motorist 25,000 each person has contacted me stating that another driver who was insured by them had been denied a claim from the at faults insurance. he claimed to not know why buy stated he figured she hadn't made her payments. she had just bought the vehicle and it had temp tags on it so I am only guessing that is not the case, he told me sometimes this cases can take in his words a "very, very, very, very long time." he also told me I needed to get my vehicle out of storage because I would be paying for it. He later called me back to find out where my vehicle was so he could see if that at faults vehicle was there so that he could get a plate number off of it. I told him she had temp tags. he then went on to ask me how I was feeling I told him and then he said well you have uninsured motorist coverage that could cover you for inconvenience's and offered me $600 if I signed a release. I told him I wasn't trying to get rich and that I have morals but $600 wouldn't cut it. That my life was good. I have a good job, my vehicle was paid out, it was a good dependable vehicle, and now I'm wondering if my body will ever be back to the way it was, if I'm always gonna act so worried and paranoid about other vehicles possibly hitting me. And I'm walking on my lunch breaks and going to work early and leaving late just to get a ride. I don't think that has to do with "uninsured motorist" but my point to him was I'm hurt, I'm mad, and this has been a life altering situation and his $600 for the pain, worry, and ability to move mostly at work, was a insult. The at faults insurance isn't returning my calls. I'm worried I'm gonna have to buy another vehicle not knowing if or how much I will get from a insurance company and that I'm going to be back to paying full coverage insurance and having a car payment. I don't know what to do about at faults insurance company? Or my own insurance company? With my coverage limits I don't think there is enough money out there on my policy to hire a lawyer and share it and even come out even as far as getting my life back on track. And I would rather have my body be how it was before the accident, but it can't and I have to get something somehow for that and what I'm going through. And I don't know if the at fault dropped her insurance or why it is they are avoiding or not getting ahold of me. I also wonder why the denied someone else's claim and if this is there way of denying me. I don't know what to do but could really use some advice. I'm sorry this was so long but I didn't want to leave to much out, and thank you again.
ANSWER: OK, 1st relax because this is not an uncommon situation. This can be dealt with.
When he offered you $600, he was essentially confirming that he has determined the at fault driver was uninsured. That is why he made you an offer under your uninsured motorist (UM) coverage. So there is not much point in contacting the at fault insurer.
It sounds like either there was a miscommunication between you and the claim rep or he was being deceptive. Let's hope it was a misunderstanding.
In most states, UM coverage takes the place of the at fault driver's insurance policy which is not in force. So it normally covers both your property damage and your injury. I'm confused as to why he is not offering to handle your property damage under UM. Unless in your state this is not covered. You should read your policy very carefully to determine this. If you think the claim rep is in error after reading your policy, ask to speak to his supervisor. If you think they are treating you unfairly, you can complain to the state insurance dept.
The injury claim is separate from the property claim. You should not settle this claim until you have recovered from your injury. Most of these types of injuries are soft tissue - meaning you have a sprain/strain. This type of injury will heal on it's own. If it is bad, it may take several weeks to fully heal but it will progressively get better. In rare cases, there is an additional injury to the disc. But this is rare. If I were you, I would visit an orthopedic surgeon for evaluation. He may prescribe physical therapy, which can alleviate your pain and help you to heal faster. Your claim will likely be worth far more than $600, but this can't be fairly evaluated until you have recovered. When this occurs, I can help you evaluate the claim.
Most personal injury attorneys work on contingency. This means they take a percentage of your award, typically between 30-50%. So you pay no money up front. If you feel overwhelmed and confused, an attorney can be helpful. But in my experience, claimants often end up with much less cash in the end when they use an attorney. Not always, but very often. Only you can decide whether to get an attorney. If you do, stay away from the lawyers you see on TV. They generally work on volume and are not very good. It is best to find an attorney through a referral, but make sure the attorney handles personal injury regularly. Some attorneys have no business handling claims because it is not their specialty.
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QUESTION: I live in Missouri and I read my policy it never mentions my vehicle only bodily injury in bold letters. I then went to Missouri department of insurance website and it states that in Missouri my vehicle is not covered only injury. I think it seems fishy that the girl who hit me purchased her policy on the 25th but her insurance calls today and says that he wasn't the adjuster another lady actually was and I was misinformed but that the girls policy canceled on the 26th he wouldn't tell me who canceled it or why he just avoided the question. Would it be possible he is lieing? I tried to call the girl who hit me but the number gave to me by the police is incorrect. I really think I'm just out of luck but I keep hoping that there is some hope. Things could be worse so I am thankful that I wasn't hurt any worse but this is a major financial set back. And I am still concerned about my injuries. Every one is guessing I will get back to par but, im not quit convinced just yet.
AnswerI'm sorry to hear that about your policy. It sounds like you don't have many options regarding the vehicle. Hopefully you will get enough on the injury claim to offset this loss.
I did some checking and found this website:
http://labor.mo.gov/DWC/Tort_Victims/faqs.asp
I suspect they will not help with the property damage, but it's worth trying. or you could call and maybe they can suggest another source for assistance.
Also, you can sue the at fault driver in small claims court. He/she may not have much money, but you might get something back.
I doubt very much that the claim rep is lying, unless this is a very small company. Most insurers operate ethically.
