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ROCKS | They paid property damage but refuse to pay medical bill and lost wages? |
Back in September i had an accident, in which I was not at fault, the other vehicle suffered no damage just a few scratches but the fender and the door in my vehicle was damaged.After going back and forth with the adjuster they paid the property damage and gave me a rental on the meantime, which I guess they are assuming liability, but I still have medical bills for a little over $3k and lost wages, but they only want to give me $1k total, I hired a lawyer and that was waste of time, he couldnt do crap. What do u suggest I should do next? Please advise.
Additional Details
I'm sorry. They mean Allstate the other person insurer.
They went along the lines that because the other vehicle didnt have any damage, it couldnt be that bad, but i was traveling about 35 MPH south bound on the far left lane and she came out of a parking lot, went across 2 lanes and hit me on the side. It's clearly her fault. |
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mbrcatz
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I suggest you talk to your agent, to find out why you can't get medical bills and lost wages from the other guy.
Some reasons: You're in a no-fault state. Or you're in a limited fault state, and you have to exhaust your own policy limits for medical bills and lost wages before you can collect under the other policy. Or your injuries weren't severe enough (soft tissue injuries only). Or your wages weren't qualifying wages (I can't get to work because I don't have a car, isn't covered).
Your agent will be able to give you free, state specific, policy specific information. |
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fth106
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In a situation like this I must wonder why the lawyer couldn't "do crap". If the lawyer was a personal injury specialist, he/she should have been able to get an appropriate settlement for you. If you didn't use a personal injury specialist, you might counsel with one before trying to do anything else.
There has to be more to the story here than you were able to give. Are the medical bills ALL as a result of the accident or did it exasperate a pre-existing condition? Were you compensated by someone else for lost wages? Are you using the accident as an excuse to get medical attention that might not be necessary?
I'm not making any accusations, I'm just asking questions that run through my mind. The claims adjuster must have some reason for not wanting to assume all of your expenses. |
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mamatohaley+1
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That typically is an offer an insurance company makes as a courtesy offer when they do not think injury would have occurred with impact or treatment was in excess of the injury that would have been sustained. They are treating your claim as having questionable causation for injury or severity of injury. My guess is you will have to take them to court and they will likely defend it with the theory that injury didn't occur or was not severe enough to warrant treatment received. Let me say this - they do not treat a claim as questionable unless they have support for it. I am sure there are pictures, medical support and likely a biomechanical engineer report. You are facing an uphill battle. |
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David M
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At the time of the accident you should have reported this to your own insurance carrier. If you have medical payments coverage, they would have paid that up to the limit you carry. Then if it was determined that it was the fault of the other driver, they would subrogate against them. And maybe while doing that they might fight for your lost wages. |
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SuperCactus
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Go to small claims court. Cheap, easy. You fill finally get this thing settled. I think you will win. |
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Matomi
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Small Claims Court. Represent yourself. |
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bud68
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Who is "they"? The other guy's insurer? Your insurer? Who are you dealing with? |
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