QuestionI was returning my Avis rental car and one of the managers backed up into my rent a car with an SUV. I was sitting inside with the engine off, parked, while I gathered my things. My 1 year old son was in the backseat in the carseat sleeping at the time. This was 1 month ago. I filed a claim with my insurance although my vehicle was not involved. I live in California and the event occured in PA. I have been having pain since and being the primary caretaker of my son I haven't been able to get to a doctor or chiropractor and I do not want to pay out of pocket to get medical care since it was not at all my fault.
I filed a report at Avis when the incident happened and then called my insurance company when I got back to California but I haven't heard back from them since. The other day I received a form from Avis that I'm supposed to fill out for a claim. I want to fill it out properly so I'm looking for help.
What should I do from here?
Thank you.
AnswerHi Bhagavat,
First off, please accept my apologies for the delay in answering your question. There was confusion between me and allexperts.com with respect to honoring my daily limit of questions, and rather than sending yours on to another expert, they left it in the queue. I have written to them about that, so hopefully no one else will have that experience. Plus, as a sort of compensation for the delay, please feel free to ask me any question whatsoever in a follow-up.
Now, on to your question. There are five issues to discuss here: 1) what to do for medical care payments; 2) how to make a claim for personal injuries; 3) where do you bring the claim for personal injuries? 4) what will your delay in treatment do to your claim for personal injuries? 5) prepare for the recorded statement
1) What to do for medical care payments.
You are free to work with Avis, or you can make a claim under your own auto insurance Personal Injury Protection (PIP) coverage, or you can use your health insurance. The choice is yours, and there are some important considerations in a case where the injury is more serious.
I take it that your situation is not like that owing to your description of the low speed impact and the fact your pain came on later. Hence, just read the following for a once-over understanding of the benefits and drawbacks of each way of paying for your medical bills.
Personal Injury Insurance Claim: http://www.settlementcentral.com/page0201.htm Insurance Company Payment of Medical Expenses as Incurred
I suspect that it is OK to sign up with Avis and let them pay the bills and get the medical records, ON CONDITION THAT THEY GIVE YOU A FREE COPY OF EACH MEDICAL RECORD THAT THEY OBTAIN. Go ahead and write words to that effect RIGHT ON THE RELEASE FORM and initial them.
2) How to make a claim for personal injuries:
You can make your own claim in a situation like this for two reasons. First, there is no doubt of liability, and second, the injuries are not going to be all that serious it sounds like.
So take a look at these free pages to get a little idea of how to proceed.
Personal Injury Attorneys and Insurance Claims Adjusters www.SettlementCentral.Com Settle Your Injury Claim: http://www.settlementcentral.com/page0014.htm Do It Yourself Insurance Settlements
Accident Personal Injuries: http://www.settlementcentral.com/page0262.htm Powerful Demand Letter by Documenting and Learning Accident Medical Impacts
3) Where do you bring the claim for personal injuries?
I am sorry to tell you that the venue for your claim will be in the state of the accident. They know that, of course. You can serve Avis in California, but if you have to try the case, it will be in the county of the accident.
4) What will your delay in treatment do to your claim for personal injuries?
First off, get to a doctor ASAP. When you have pains, you cannot ignore them. Deal with the babysitter problem and see a doctor.
There may be a dull ache at night following a day at work or some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious fractures and soft tissue injuries can behave.
So, when this happens, even if a month post-accident (as in your case), do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM AN AUTO ACCIDENT http://www.settlementcentral.com/page0104.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
5) prepare for the recorded statement
This is a list of questions insurance adjusters ask http://www.settlementcentral.com/page0207.htm injured claimants.
Recorded or Written Statement To Insurance Adjuster http://www.settlementcentral.com/page0058.htm After Injury Accident
What to do now if you have already given a recorded statement to the Insurance adjuster http://www.settlementcentral.com/page0058.htm Recorded or Written Statement To The Adjuster After Injury Accident
If you have already given an Insurance Recorded Statement http://www.settlementcentral.com/page8014.htm to the insurance adjuster
FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm for Insurance Settlements.
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and 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 him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him 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 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
