what's my chances on taking someone to court after their auto insurance fail to pay my medical expense?

Question

i didn't go immediatedly to the doctor, because i had just started worked and couldn't take time off or else....

Answer 1

it would be their insurance company you would have to deal with
that's why people have insurance
and this would be only if the accident was their fault

Answer 2

Well, it's EASY to take someone to court, you only have to file the papers. It's HARDER to win.

You can't sue them because their insurance company didn't pay, but you CAN sue them for your medical expenses. Depending on what STATE you live in, you may or may not be able to collect. If you live in a "no fault medical" state, you won't be able to win. If the accident wasn't their fault, you won't be able to win. And if it WAS their fault, and they were uninsured, or the policy hit it's limits, you'll have to collect from them directly - which might be very difficult.

You should talk to your agent about your chances, but if you weren't hurt enough to go to the doctor in the first 48 hours, it's going to be MUCH harder to prove (and YOU have to PROVE it) that your injuries were from the accident. If your medical expenses were mostly chiropractor, it's going to be harder to collect, also.

You should sit down with your auto insurance agent and discuss your options.

Answer 3

If you have huge medical expenses then you really need to see a lawyer. If your medical expenses are only $2000 or less then you can probably go to small claims court and sue the person. The problem isn't getting a judgment, it's collecting once you have a judgment.

Answer 4

If you are in NY and you got hurt in a car accident in your car your insurance co has to pay it is called no fault and it is a must in NY check with you insurance co.After they pay and you still have more expenses you can take the other guy to court,

Answer 5

be sure to document all of your health expenses and prescription costs, time away from work, etc. but you need to call a personal injury lawyer. if you can't get a referral for such a specialist from your own lawyer, then ask for the number to the bar association for your location for its referral.

if it can be shown that you have sustained long term personal injuries, you will have a lawsuit that will most likely get settled out of court in a few years. the defendant's insurance company is going to pay its attorney to fight your suit, but most likely you will win something. then the attorney takes about one-third plus costs of the suit out of your settlement, leaving you with about double your medical expenses and lost wages. it is likely that your own insurance company will "subrogate" your file so it can get reimbursed out of your settlement for at least some of the money it paid for your medical expenses. you should ask your lawyer about all of this.

otherwise, your own car insurance company will sometimes pay your medical expenses. it depends on what type of insurance you bought. call and ask. your attorney should be the one to call the defendant's insurance company to request payment of medical bills. once you hire an attorney, pay attention to her and do not speak of your accident to anyone unless she tells you it is okay to. at that time, certainly, you will not be talking to the other side's company at all.

Answer 6

how soon did you go? If you went the next day, I could see it as would a lawyer... if you went a month later you have no chance. Plus the issue of fault comes into play. If you caused the accident you have no right to claim your expenses to their insurance..