QuestionI was involved in an auto accident in Aug 2005. I was hit in the rear by a driver, who was in turn hit in the rear by another driver. I suffered back and neck damage and went for medical attention immediately after the police report was completed. I contacted my insurance company and the whole process began. The lady that hit me had insurance from a company that denied any responsibilty in the claim. They said that the 3rd car hit her and pushed her into me. I explained that I saw the accident coming from behind in my rear view mirror so I am 100% sure that the lady hit me first before she collided with the 3rd car. Her insurance company said that the police report was the tie breaker and the police report indicated that the 3rd car pushed the 2nd car into me. When I took my car to have an adjuster look at it, he concluded that based on the level of the damage, the car hit me first. Her insurance company would not budge. I don't feel that I should file this on my insurance and pay the deductible and have my insurance go up...in addition to that, the hospital is now seeking payment for services after the accident. I would like to sue the lady for personal responsibility on this matter. I saw on a judge show that I have that option. I would like to know what the statute of limitations is in the State of Texas for this matter and how I can proceed.
AnswerDear Nikki,
It sure is frustrating to deal with insurance adjusters, isn't it? The key here is to let the cars behind you sort out the liability between them. If the third car has insurance, you are in business. You claim versus both cars and let the adjusters decide what percentage each wants to pay. Obviously, their total will be 100% of the liability.
Now, if the third car has no insurance, then you claim under your Uninsured Motorist (UIM) policy. Your company will have to fight it out with the two cars behind you, and they will do so.
Your rates cannot be raised as a result of using the insurance you purchased, unless of course this were to be an "at-fault" accident for you. But since this is not an at-fault accident, they cannot raise your rates.
I would do THESE FOUR things if I were you.
1. For starters, I would CONSIDER AN IMMEDIATE COMPLAINT TO YOUR STATE INSURANCE COMMISSIONER. Here is a link to find the state insurance commissioners http://www.settlementcentral.com/links.php
I would cite the opinion of your own adjuster that the level of the damage clearly shows the first car hit first (you will have to call the adjuster and ask her to explain how she came to that conclusion).
A quick complaint to the state insurance commissioner, with a copy to the insurance adjuster's supervisor will change the level of attention your claim is receiving.
2. CONSIDER OPENING UP YOUR OWN INSURANCE CLAIM FOR MEDICAL TREATMENT WITH YOUR OWN HEALTH INSURER OR AUTO INSURER.
You have your own health insurance available and also your own auto insurance PIP/MedPay to tap into. Use those to get your health treatment going. And by all means, get your outstanding billings to your own insurance ASAP. NO, THEY CANNOT RAISE YOUR RATES FOR USING WHAT YOU PAID FOR.
You MUST continue and follow-up with medical or chiropractic treatments as soon as you can. DO NOT FAIL to get the care you need.
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm
3. LEARN ABOUT PERSONAL INJURY INSURANCE CLAIMS AND INSURANCE SETTLEMENTS
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
Make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm
Finally, I want you to be an effective communicator of your demand for settlement. Don't just call up the adjuster and start discussing your demands. Instead take the time to make your own demand letter—that is one step that will really pay dividends for you. I cannot tell whether or not you sent a formal demand letter. But it is best to think about that now if you did not.
Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm
4. LEARN AND KEEP TRACK OF YOUR STATE STATUTE OF LIMITATIONS.
Be sure to leave sufficient time for an attorney to become involved should you be unable to reach a settlement
Directory of Legal Information Statute of Limitations for Personal Injury Insurance Claims Motor Vehicle Accidents http://www.settlementcentral.com/page0452.htm
By the way, it may work to your advantage to get a settlement offer along the way. Thus, you could go it alone just to get an insurance settlement offer from your own company, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
Communicate with the adjuster in writing, showing your own analysis of value. It is fine to speak on the phone with her, but have your ammunition in writing to give to the adjuster.
Let her know that you are FIRM IN YOUR RESOLVE to get what you are DEMANDING (NOT "asking", since that invites a counter-offer, but instead "DEMANDING" as fair and reasonable compensation) by asking her what the options are to resolve the matter fairly should she not agree to a reasonable claim value. In other words, let her know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D.
http://www.SettlementCentral.Com
