I was in an accident, need help.?

Question

The other's person insurance has already took blame and I was wondering how to go about cost and amounts? Like for pain and suffering? Medical bills? And I'm going to lose my part time job because I will have no transportation. What can I get out of compensation??

Answer 1

Are you old enough to rent a car (I have to wonder if you used the term "has already took blame"). If so, that is what you need to do to take care of your transportation problems. The insurance company will not compensate you for losing your job if you could have rented a car.

You have not told us enough about what was wrong with you for anyone to give you a value, and all of that varies from location to location and is too "gray" to really help you. Claims are not black and white, and every person's injury claim is handled on its own merits. What you can claim will depend on the laws of the state where this happened. You should not play it up and make it out to be the worst thing that ever happened to you if you were really ok and just saw a doctor a couple of times. Drama won't work, even if you get an attorney. They'll play that card too, but if you didn't have a serious injury, don't expect to get much.

With regard to what others are saying, don't expect to get the check until you sign the release. They won't make an exception for that; if they do you're lucky. They will only settle with you when your treatment is complete and they have all of the documentation on your medical records and lost wages. It doesn't sound to me based on what you said that you have a claim for future lost earnings and promotional opportunities. That is something you see with serious injuries. In some states you can't claim your medical bills and wages if they were paid by your insurance company- and that would mean you only get pain and suffering. In other states you can claim all of that. You're asking for free legal advice, and so just know whatever you get here is worth what you paid for it.

Answer 2

First a hint about 'Brutal Honesty's answer. He is a complete dope and I'll wager he couldn't negotiate his way off a merry-go-round. Start talking smack and attitude with a claims adjuster and see how far you get. These guys do this every day of the week and there is NOTHING you can say or do despite all your posturing that will scare them. They are NOT afraid of lawyers (they keep dozens on staff, how many can YOU afford to hire?), they all have about two hundred claims working so if you get snotty and demanding guess where your file will end up? Right, number 201. If you injuried you are due compensation. You are NOT entitled to the lottery. If your car is a total you are NOT entitled to a new one, you will be offered market value. No one is going to give you a check before you sign the dotted line. They do not record your phone conversations unless they ask permission (silly). Do yourself a favor and give them a chance to do right by you BEFORE you go postal and hire a scum lawyer that takes 40% of your money. Oh, he'll make promises but if you are dealing with a good insurance company you two will not get 2% more than the original offer -- the claim is worth no more than it IS. Having a lawyer does not make the settlement worth more. One more thing -- you will never see court. Lawyers settle 99.99% out of court with no input from you at all.
You need to focus on a fair settlement and getting well. Use a lawyer as a LAST resort.

Answer 3

The insurance should provide a rental until your vehicle is replaced. You must account for your actual medical bills and lost wages if you missed work for treatment but you will not be paid for "pain and suffering" simply because you were hurt. That's a common misconception. You can sue for more but
then your attorney will take at least one third of the monies and
you end up with less. Be wise in how you approach the insurance company and demand fair treatment...but don't think that they are going to be your meal ticket.

Answer 4

Having dealt with insurance companies in the past, there is but one rule. NEVER SAY YES OR OK TO THEM. If they make an offer (careful they tape phone conversations) tell them to send it to you and you will get back to them. They will ask "does this seem fair?" Don't answer them, if you say yes it will be looked at as if the offer was accepted. If they want a counter offer to for example 5,000.00 tel them 250,000.00. Time is on your side the insurance company will want to clear things up quickly and that is their problem. See a lawyer (first visit is usually free ), a broken leg or whatever will always give you long term consequences. Do not accept their first offer second or even third.

The insurance company should cover 100% of your medical bills, all lost wages (present and future, any wages lost due to lost promotions. Maybe you now need to go back to school because the injury forced you to change careers), full repair of your property, compensation for pain and suffering (I broke my heel in a fall and got $82,000.00 Canadian so the price that you feel the injury is worth is more important than the insurance company opinion, at first they offered me $20,000.00).
Do not be compliant or nice. Courtesy works but don't be helpful in telling them what sort of figure you are looking for in compensation. AND NEVER SIGN A RELEASE UNTIL YOU HAVE THE CHEQUE IN HAND.

Good luck.

Answer 5

talk to the insurance company that is paying to fix your car, they are required to pay the doctor bills, also talk to them about the other also, explain the reasons, they'll offer you money. Usually $1,000. How ever the medical bills payment will stop when you cash the check. So they'll probably tell you to call for the $ when your all better. It's a scam to keep them from being sued. The goal is for you to jump for the money. If you feel fine after a couple of days with muscle relaxers, take the money and run. If your injuries are worse then that, wait tell your sure your well. They'll pay all bills until the day you cash your check. I hopr your feeling better soon!

Answer 6

The other guy's insurance policy starts with the words:
"We will pay all amounts for which you become legally liable arising from the use of your covered auto."

You're in a good position. You don't have a contract with HIS insurance company. So far, you haven't agreed to anything!

THEY want something from YOU!!!

They want your name on a release. That's all they need to close their file. Everything else is negotiation.

There's two kinds of damages you're trying to get from them:
(1) property damage
(2) bodily injury

Property damage pays you back dollar for dollar for what need to pay to get your car fixed, including a car rental.

They can and will give you this money before you have to pay it using estimates etc. When you get an estimate, have the shop write at the bottom how many days it will take to fix your car. TELL the shop that you'll have to sign a release to get the money, so make them put FOR SURE the right number of days or agree to pay for your rental car if they underestimate the repair time. They'll be VERY generous with the insurance company's money!

But don't sign a release yet! They can and will pay your property damage without a release. Ok, you lied to the shop. Slap your hand and if they ask you if you were injured, JUST SAY YES!!! Now slap your hand again.

Now they have to buy your injury.

This is where your negotiation skills come into play.

The adjuster wants to settle . . . well, he wants your name on a release.

His examiners are going to jump all over him unless you can give him the proper things to write in his file to pay you the amount you need to walk away forever.

"My chiropracter says this pain will probably go away after a couple of months if I go for regular adjustments three times a week."

or . . . "I went to my doctor, and he said I could go in for an MRI to see if there's any objective injuries. I want to go, but I need to pay this myself because I don't have medical coverage on my car."

In other words, don't try to leverage things he CAN'T pay for under the "bodily injury" part of the claim. Be sure it's "injury" you're asking for.

If you get a lawyer, he'll get you 1/3 more, but he's gonna walk away with 1/3 of your money, so it's a wash.

Good luck.

Answer 7

Talk to your insurance company. You should be alble to get back the cost of any medical bills with no problem. Just be sure to keep track of them and get copies. If you go to one of those accident/injury lawers in the phone book, beware, don't ask for money up front but they take a decent size percentage. If you have a good insurance company on your side though they might take care of all that for you.
Good luck

Answer 8

There are holes in your explanation that make answering your question difficult...here goes my best shot:
Until the other company provides you with a check for your vehicle if yours was a total loss, or repairs it, they are responsible for providing you with a substitute vehicle.
Pain and suffering compensation changes according to the state you live in.
All related medical bills will be covered, as should lost wages.
If you are too young for a rental vehicle, they should offer you some other help in getting to and from work to help you not lose your job.
Does that help?

Answer 9

Everything Cowboy Bill says is true, even the merry go round thing. The only exception I find is in Maryland the attorney fee is approx. 33%.
Lawyers drag the process on and on....the longer you seek tx, the more money you will get.

Don't overdo it, our rates are high enough because of frivelous bodily injury claims. I have raised my BI limits to 100K to cover people like that....

Answer 10

First off, most states don't allow for you to just claim "pain and suffering"! You actually have had to sustain a serious injury to which then you might have eligibility! Every state has it's own laws so you would need to contact an attorney or your state insurance department! Possibly reading your policy might shed light!