first off do i sue the person that hit me while i was walking into a store and i need step by step help so if there is any inspiring lawyers or any good christians that want to help a fellow christ lover please help i have dr,and chiro billsi have injuries to my back,neck,and ive been out of work for a month
2007-05-09 23:08:36 · 3 answers · asked by malik g 1 in Cars & Transportation ➔ Insurance & Registration
You would not sue the insurance company - because they are not the negligent party in this situation. If you were to sue the insurance company, they would file a motion to dismiss the action because they were not a party to the suit. You would need to file suit against the tortfeasor (the wrong-doer). You might have better luck pursuing the claim against the other party's policy first - and try to negotiate with the insurance company. Once you file suit, there are many costs associated with it, as well as different forms of investigation that are extremely time consuming - and also may require you to get the assistance of an attorney. Once that happens, they will take a 25-40% cut off the top of your settlement.
2007-05-10 04:45:05 · answer #1 · answered by S17V 4 · 0⤊ 0⤋
I'm going to answer your question with a question of my own.
Have you attempted to settle the claim directly with the insurance company yet? If you haven't then there is no need to sue at this point. Provide them with all you medical and wage loss info documentation and see what they offer you. If you can't get a settlement that you are comfortable with THEN you can consider suing.
IF this needs to be sued make sure to hire an attorney because there is no way you will be able to handle a lawsuit yourself. The insurance company attorney will destroy you in court and the judge can't help you.
Good Luck
2007-05-10 03:15:28 · answer #2 · answered by fighting saints 6 · 0⤊ 0⤋
Are you now done with treatment, and able to work again? Get a letter from your doctor giving your injuries, dates of treatment, diagnosis and prognosis. Gather all your doctor bills. Get a statement from your employer as to your lost pay for the month. Add the two figures together. Perhaps add a bit on to the total for pain and suffering if you are so inclined.
With that figure in mind, call the insurance company and see if they are willing to settle for that amount in exchange for your release against future claims.
Only if that falls apart do you even have to think about involving attorneys in the mix.
2007-05-10 01:38:11 · answer #3 · answered by oklatom 7 · 0⤊ 0⤋