I was in a motorvehicle accident. Hit head on by a dump truck owned by a construction company.?

Question

The insurance company holds the insurance claim money until the law suite is completed against the owner of the vehicle. An illegal immigrant without a license was hired under the table to drive this vehicle without the proper or valid license. He was 100% negligent. I need 4 surgerys and I am in pain from my neck down to my feet. Compressed nerves in neck and back and two torn rotator cuffs in the shoulder. I have been out of work and need money badly. On an advanced payment, how much do they charge you for the interest until the case is settled. Please give any examples if you have them. Thank you.

Answer 1

Unfortunately, no one ethically can lend you money or give you money before a settlement is reached. Why: because you have absolutely no guarantee that you are going to receive a dime. An attorney cannot give you an "advanced settlement" or loan you money as it is against professional ethics. If you use an outside source, they can charge you pretty much what they want as long as it doesn't consistitute "loan sharking". But keep in mind if you do not win your claim, then it is up to you to pay them back.

If you have no other means of income, then go to the Department of Health and Human Services and get on immediate State Disability. Depending on where you live, there may be some Victim's Assistance programs through the city and county offices.

Although it seems like this is a "hands down" type of situation where the insurance company will pay you, it isn't. Do not expect any sort of money for four years or longer and do not wait to hire an attorney - the longer you wait the more problematic it is to resolve your claim. Insurance companies delay, deny and do everything they can to keep you from being compensated. It doesn't matter that the driver did not have a valid license. If you cannot prove he was an employee, agent and/or servant for the company, then the insurer possibly can deny payment entirely. Then your recourse goes to the owner of the vehicle. It is much more complicated than you realize.

Answer 2

You made a claim, they denied it. Now the ball is in your court again. You can file in small claims court if you think you can prove they were negligent. Chances are they are going to say you were following too closely. If you weren't back a reasonable distance, they're right. You have to assume dump trucks can lose things that can strike your windshield if you are too close to them, and in fact county trucks here have a "Keep back 500 feet" sign. That assuming they lost something off the back. If they picked up a rock between the dual tires and it hit you, that wouldn't be covered unless you have road hazard insurance on your car.

Answer 3

Advanced payment companies charge an interest rate comparable to personal loans... which can vary considerably depending on the type of loan and depending on the circumstances of your case. The interest rate will also vary depending on their evaluation of your case.

If you do not already have an attorney, I strongly urge you to retain one. Depending on the state, an insurance company who refuses to pay for your medical expenses as they are incurred can face further penalties. Only an attorney licensed in your state can advise you on this. If you don't have an attorney and need one, you can contact your state bar association and ask for a referral.

Answer 4

sorry to hear that. don't you have any disability insurance thru your work? also if you have a loan thru the bank for mortgage and or car...........did you take out additional disabiltiy insurance on those loans incase your out of work? this pays your payment for you while you are laid up. I would be for looking into these things. good luck.

Answer 5

Sue the dawg crap out of 'em...Make sure you get an out of town lawyer.. LOL