Auto Insurance Claims: car wreck claim, claims advice, claim settlement


Question
QUESTION: I was in a car accident on September 30th 2010.  The other driver was sited for passing in a no passing zone he was at fault.  They didn't even contact me for 2 months after my wreck so I finally contacted them.  They finally sent my a check for 950.00 for my car damage but won't call me back on my medical claim.  I have over 5000.00 in medical bills and they won't see me any more until payment is received some are turning me over to the collection agencies.  My arms go numb all of the time and the doctor said I need an MRI but it is very expensive. I also need physical therapy.  What do I do to get them to pay.  Please help! I am a single mom with no welfare or child support and with the work I missed due to my accident and these bills we are sinking very fast. Thank you.

ANSWER: LeAnn ...

You left out an important item.  What state you live in ...

What about your own insurance?  Do you have personal injury protection (PIP)?  Do you have personal health insurance?  You need to make certain that you have explored all possible resources that you might have.

If there is no insurance available other than the insurance from the other driver, then you need to get an attorney.  In fact, even if you do have some type of injury coverage, you will still probably need an attorney.  Sounds like your injuries are permanent, and you should be entitled to compensation.

I am assuming that the person who hit you has some type of bodily injury liability insurance.  If there was no coverage, I would think they would have told you that.  In my opinion, the company is behaving very badly!

The attorney needs to be skilled in insurance work and personal injury.  You can do some research online.  Look up attorneys with these specialties in your area.  Then check with the local bar online to check on their history.  More specifically complaints, actions against them, etc.  Or, you can contact the bar directly.  Most state bars have some type of attorney referral processes.

I can tell you from my experience that once an attorney becomes involved, the insurance company is far more likely to pay attention to you - assuming there is coverage.  

The attorney is allowed to take a portion of your settlement, however that is better than where you are now.

As to fees, attorneys take these types of case on what is called a contingency fee.  Generally that means that they do not get paid until you do.

If you want to provide some more details, fell free to contact me again.  Also, if you need more details, you can check the articles and information on my website, http://SolutionsForYourInsuranceClaim.com

Jane Pytel
http://SolutionsForYourInsuranceClaim.com

---------- FOLLOW-UP ----------

QUESTION: I live in Nebraska, I didn't have car insurance or any form of insurance what so ever.  Does this mean that I get nothing.

Answer
Hello Leann,

I checked minimum auto insurance requirements for Nebraska.  The requirements mandate liability insurance of at least $25,000.  That would mean that if the other driver is determined to be at fault for the accident, then you would be entitled to a settlement for your injuries.

If the other driver has the minimum coverage, that would be the total you could collect, regardless of the extent of your injuries.  It is possible, however, that the driver could have more than the minimum amount.  The key is that this driver must be at fault.  I cannot tell you they type of liability settlement rules apply in Nebraska.

You need an attorney.  Follow the instructions I gave you before and get a qualified attorney without further delay.  As I stated, this should not cost you out of pocket.  Attorneys in these types of cases utilize the contingency fee that I discussed previously.

I wish you well.

Jane Pytel
http://SolutionsForyourInsuranceClaim.com