Auto Insurance Claims: Pedestrian Accident, state insurance commissioner, small claims court

Question
In Oct 2006, I was struck by a car while standing in front of my mother's car at a gas station. I was taken to the ER and the doctor said I had a contusion to my right leg. I submitted the medical bills and hospital paper work to the driver's insurance company and was told that they had witnesses who said the car wasn't moving at the time of the accident, however these people didn't look towards us until I was screaming in pain (by then, of course the driver had stopped moving). All I'm interested in doing is getting back the $1800 I spent on medical bills. What should I do since the insurance company dosen't seem interested in settling with me?

Answer
Hi Audrey,

This is why we JUST LOVE the insurance industry!  What?  They think you kicked the gas pump to get a contusion on your leg?  How do they explain away your injury?

Here is what I would do.  First, give the medical bills to your own insurance carrier.  Yes, you ARE covered as a pedestrian through your own Personal Injury Protection (PIP) or Med/Pain.  Your insurance needs to step up to its obligation here.  If they protest that you failed to submit the bill within one year, tell them to stuff it.  What difference could that possibly make?  File a complaint with your state insurance commissioner http://www.settlementcentral.com/links.php

As for the tortfeasor, I would just sue him in small claims court.  THAT will get the attention of the doofus insurance adjuster.  If they try to bring in an attorney, FIGHT THAT by pointing out to the judge that this is a court for lay parties ONLY.  A person should not be able to skirt the court rules just because he wants to bring in help.  THAT is insufficient reason to take away the key feature of this court.  Most judges will tell the tortfeasor that he has to be there himself, WITHOUT ANY REPRESENTATIVES ALLOWED.  

The small claims court procedure is simple and it costs only $45 or so.  You make a one paragraph description of what happened and your medical costs and the fact that you suffered loss of work and pain and suffering.  

DO NOT GIVE AWAY YOUR PAIN AND SUFFERING AWARD.  Any contusion brings with it pain and suffering and you should get that award.

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com