Okay I was in my sisters car when the accident happened. The problem is that I was on my way to go to the tag/title and insurance office I just bought a new car, so I had no car insurance of my own, otherwise my car insurance would have been the responsible one. The next person responsible for my hospital bills would be my sisters car insurance company. They didn't want to pay so I am going to talk to my sisters lawyer today. I know they will be able to get my medical bills paid for, but why do people normally hire a lawyer after an accident and why does someone who is hurt only minor hire a laywer to get a settlement, I am not familiar with all of this, so I'm curious if I should just take the step of getting my medical bills paid or go a step further and sue the guys company who hit us, because I know I have been to the doc a few times since then and may have to get physical therapy, so help me please I know nothing about all of this, send me a note!!!
2006-06-26 02:31:46 · 4 answers · asked by Anonymous in Cars & Transportation ➔ Other - Cars & Transportation
The details you provide are a little unclear, but I will try to offer my advice:
If you have been involved in a motor vehicle accident and aren't the party at fault, you are entitled to compensation including but not limited to:
Restitution for bills incurred through medical care and rehabilitative care.
You are also entitled to compensation for lost wages from any time you were unable to work as a result of the injury, and any additional "pain and suffering".
The total amount of settlement (on average) is three times your loss.
You obtain a lawyer to take care of filing all the paperwork- sending letters to the medical facilities indicating that payment will be made once your case is settled.
Your lawyer will then begin the process of negotiating with the at fault's insurance company to come up with a figure which they feel is appropriate for your accident. IF the number isn't acceptable, you go to court.
This is when you must decide if the total injuries and bills justify the time and expense of going before a judge.
Keep in mind a laywers fee is usually 1/3rd of your settlement.
Your situation is a little different- your sister's insurance should cover all your expenses as you were her passenger, and your sister is the one who should be pursuing a claim- her losses include not only your medical expense, but hers and her vehicle. Part of her claim would be to recoup the money paid out to take care of you.
Hope this makes sense, and I hope you and your sister get well soon!
2006-06-26 02:36:17 · answer #1 · answered by the_dude 4 · 1⤊ 1⤋
First, your insurance co. would never have been responsible - you weren't in your car. It's either your sister's ins. o. or the guy who hit you. In NY (also no fault), you can do it either way. I just got rear-ended 2 mos. ago - if I go thru my ins., they will pay and go after the other guy's ins., but then my ins. may go up, so we exchanged info, and I contacted his ins. co. As far as a lawyer, if you were injured at all, you should get a lawyer. I also had been run over by a Van in NYC about 15 years ago - finally settled while pregnant w/my 2nd child - 4 years later - and then had to have surgery on the knee I injured in the accident, 4 years after I settled! You never know when an injury is serious or not - that is why you need legal advice. You don't have to sue - but you do have to protect yourself and getting a lawyer is the best way to do that. Good Luck :-)
2006-06-26 09:41:11 · answer #2 · answered by christine b 2 · 0⤊ 0⤋
Well the laws are so messed up that any time you are dealing with an insurance company of any kind it's best to get an attorney to work with. That way they can see what is going on and understand what type of crap the insurance company is trying to pull
2006-06-26 09:38:27 · answer #3 · answered by Julie 5 · 0⤊ 0⤋
Usually, if they hit you, then their insurance should pay for your medical bills. If they don't then take them to small claims court or something.
2006-06-26 09:36:16 · answer #4 · answered by Joey 5 · 0⤊ 0⤋