Auto Insurance Claims: My auto accident, free phone consultation, neck discomfort


Question
on 10/31/2006 I was driving on the freeway (435 S and Bannister)when i looked in my driver's window, I saw an 18 wheeler truck very near to me, as soon as I attempted to  speed-up, I felt a bang, my dealership loaner car lost control, it went into the middle of the freeway, then it hit the concrete guard rail, then landed back into the freeway. At that point I was in shock, but I was more terrified because I felt the oncoming traffic was going to run into my vehicle. Thank god the driver of the truck stopped, he and other driver , push my car to the shoulder of the freeway, then an ambulance was called etc. My questions are:

1. The truck was an "18 wheeeler" truck but, the hitch was not attached to it. Can it still be considered an 18 wheeler truck?

2. The driver stated to the officer that he was changing lanes and he did not see my car, however, no ticket was given, because the officer said MO is a no fault state, and that the driver did admit fault. How does that affect the my claim and also upon doing some research, I believe that KS is the no fault state and not MO. Please advise

3. My injuries are soft tissue (Lumbar pain mostly), I am still seeing a chiropractor. I also experience shoulder and neck discomfort. I do not wish to hire an attorney, how can I determine how much my claim is worth, so I demand a fair settlement? Thus far my visit is approximately $1500.00 plus MRI plus EMR fee. I am still under medication

4) I am not sure if this matters however- In the police report the truck belonged to another company, but the driver worked for a major distribution company. Should my claim be filed with just the Company insurance or/and the acutal truck owner? I ask because of heresay from non-experts in this field.

5) I was also advised by a free phone consultation, that in MO you have 5 years to file a claim. That doe snot mean that a doctor will see you the total five years, so how can you such a thing be done? The doctor office is billing the insurance company directly, does that mean that if my body does not feel up to par that I still go to the doctor and expect that the insurance company will pay for it, and then file a claim when I am ready to settle?

Please adivse

Thank you  

Answer
Hi Sophia,

You have asked many questions.  I will do my best to answer each in order.

1)It does not matter what you call the truck. But to be technical, it was a tractor. Which is the fron part of a Tractor-Trailer.

2) No-Fault simply means that injured persons should go to their own insurance for payment of medical bills up to the amount of your coverage.

3)To determine an approximate amount for an injury settlement, you should total up all medical bills, lost wages, prescriptions, etc. then multiply the total by 4. That is generally a good starting point. But the insurance company will negotiate down from there.

4)Your claim would be against the insurance company of the owner of the truck.

5)The 5 years refers to the statute of limitations. That would be the latest that you could file a law suit if you have not been able to reach a negotiated settlement by that time.

I hope this helps
Richard Hixenbaugh