Auto Accidents

Help ! Insurance company won't pay ?!?

rickbmb — Wed, 08 Sep 2010 18:37:52 GMT

I was in an accident on july 12, a huge truck backed into me at a red light, he stopped too close the the intersection and decided to back up into me. I exchanged infos with the dirver. I phoned my insurance the next day to tell them about the accident ( I have one way coverage only). They told that all they can do i put me in touch with the other party's insurance.

The truck that hit me is owned by a large, nationwide company. I contacted their insurance co. but they told me the a guy who works for the trucking company handles all their claims and they gave me his contact infos. I called that guy, he said no problem, get 2 estimates of the damages and send the lowest one to me along with pics and infos of your vehicle, so I did just that, one estimate was 1900$, the second was 2400$.

This is when things went south, after I sent him the estimate, he started to ignore me. Doesn't pick up the phone, doesn't return phone calls. I called 50+ times in the last 5 weeks and left many voicemails as well as messages with the receptionist, this guy just refuses to talk to me.

I tried again first thing this morning and this time he answered, said he's been really busy, will pull out my file and call me back in 10min for sure. Never called back and I tried calling a bunch more times today, won't pick up. Left a voicemail again.

I'm getting really frustrated, often I asked the receptionist if he is in the office and they always tell me that he is and they gave him my message.

I also talked to the insurance company and they said they can't do anything, I have to deal with that guy.

I'm extremely frustrated and don't know what to do. I live in Calgary,Ab and I believe that guy is in Winnipeg so Its a long distance call everytime I try to reach him. Really had it now.

help

undisclosedIL — Wed, 04 Aug 2010 20:44:09 GMT

Hello,

I need some help. I had an accident 2 years ago. i was at fault. both cars were totalled. my insurance paid money to compensate for the cars.. the other driver has hired attorney. my insurance said that the driver had surgery of back and that she went to physical therapy couple of times. insurance is sending them letters since 8 months asking them to give their medical bills to settle the case. but the lawyer is not responding. my insurance said that sometimes attorney do take time to give the bills..2 yrs will be completed since the accident pretty soon. still we have not heard from atorney and the case will become invalid and they cannot claim any money if they respond within 2 yrs since accident.In this case my insurance said that sometimes they will file lawsuit to protect their right to claim later on.

Thus I am very scared with all these circumstances. my bodily injury claim limits with insurance is pretty high.. I am scared if the attorney demands more money than that..what will happen in this case ? I am very very scared.

please advise what to do.

Thank you.

is this considered bad faith?

duckfood — Wed, 04 Aug 2010 18:25:36 GMT

For info purposes,

suppose:

A "careless party" was 100% liable and the insurance coverage was respectful

and the victim was seriously injured, (perm inury & total dissability)..

lets say a $10,000 offer When medical bills exceed $200K plus future med ,future loss income, special needs etc....

Why would the insurance offer such an obviously low amount and is this bad faith?

car accident in pennsylvania

teek21 — Tue, 08 Jun 2010 02:23:57 GMT

I was recently involved in a car accident. I was driving on the road when a drunk driver sped out of a parking lot and t-boned me. I waited for the police to come and they immediately arrested him. He was charged with dui.

Anyway , long story short ...its been only a couple of months now and i have been to the ER, doctor, chiroprator, orthopedist and my MRI concluded disc bulging eccentric to left at C2-3 , C3-4, and C4-5.

Also..mild to moderate broad based disc prostution eccentric to left at C5-6 and C6-7 and clinical correlation advised regarding the adjacent left C6 and left C7 nerve root.

I understand some , but not all from this analysis...any idea on how much my settlement could be worth in the future? collision damage came to 3200 for my car.

are non related accidents admissable?

pupppyy — Sat, 28 Aug 2010 14:11:01 GMT

about a decade ago, I was in extremly minor accident,(other person at fault) I did not make any type of claim. I had 1 measly DR appointment which I paid for on my own a whopping $60 bucks & $5 for pills, There was basically no injury other than a bit of soreness that quickly went away

Then a decade later got in serious accident with broken bones, So the defense is now trying to use that prior "nothing case" against me, even though there is zero connection.

is that allowed?

It's me again, with shocking new information!!

Lera — Mon, 24 May 2010 06:13:14 GMT

I had posted on this forum a couple of weeks ago--my 15 year old daughter was hit and killed in South Carolina. We had a meeting with the SCHP on Friday evening. It seems like everytiome we meet with them, they hand us a new gem. The first time we met with them, they informed us that the man that killed our daughter had NOT called 911-he had instead opted to call his lawyer.

This time--before they had even sat down--they told us that the driver had admitted to taking HYDROCODONE before he killed my daughter!!!! When I asked why he had not been arrested--or TESTED--we were told that the Trooper on the scene did NOT KNOW WHAT HYDROCODONE WAS!!! The Troopers at my table said they did not know what it was either. I find that very hard to believe.Considering the fact that Hydrocodone is THE MOST WIDELY ABUSED prescription drug in the country!!!

Yet, even with this knowledge--they are STILL unwilling to punish this man in ANY way. They still insist that the cause of the crash was my daughter's black and white sweatshirt! So, it is LEGAL IN SC to drive while on a controlled substance that has a high abuse rate--and it is LEGAL IN SC to NOT call for help if you kill someone--and it is LEGAL IN SC to lie to police. But, it is ILLEGAL IN SC to wear a black and white sweatshirt??

So.. here is a synopsis, and I would greatly appreciate any advice;

1. Man takes hydrocodone, which clearly states (if this was a prescription, no one thought to ask him) that you are to AVOID driving.

2. He hits and kills a 15 year old girl who is walking in the gutter--(because there are NO sidewalks in this neighborhood) IN THE STREET LIGHTS--there are none on the other side of rthe road. In order to hit her where he did--his tires were approximately 6-8 inches from the curb on a road that is at least 36 feet wide.

3. After striking her with such force-she is knocked out of her hat and shoes--and flies 72 feet in the air. He keeps going for over 110 feet, until he sees other cars approaching. Only then does he stop.

4. He DOES NOT call 911--He calls his attorney--because HE KNOWS he screwedup royally.

5. The police arrive on scene--and promptly let witnesses go--without statements--without interviews--and without getting contact information

6. There was a passenger in his car that is not mentioned on any report--either the original police report or the subsequent MAIT Report (Accident Investigation Team) Yet, there is a picture of his car--with the passenger in the car!! When we asked about the passenger--we were told initially that no one knew who it was--and then it became his mom. When asked why she wasn't interviewed--they did not know.

7. We have a dash-cam video in which the Trooper on scene is absolutely freaking out when he realizes he is in charge of the scene. He is exclaiming explitives and wondering what he is going to do. We have found out that he has been a trooper for about 3 years--and was with the forestry service before that. I have sent a FOIA request for his training records, disciplinary actions and history of fatal accidents he has been in charge of. This is the same officer that tried to blame my daughter's friend in the loss of her phone--which showed up a week later in HIS CAR.

8. The Coroner's Investigator that was on scene that night had told us the following day that it was the most substandard, bungled scene he had ever worked. He was livid, at the ineptitude that was demonstrated that night.

My questions are as follows;

What can I do now? What kind of attorney do I need? Does this fall under the purview of Vicarious Liability, Failure to train? This Trooper was obviously so undertrained it is almost Keystone Coppish!! This is the same South Carolina Highway Patrol that just a couple of years ago was chasing people down with their cars and actually hitting them! Beating people and such. What can I do???

Car accident going bad

guzz — Fri, 27 Aug 2010 14:34:29 GMT

About 1 ½ mo ago I was rear ended while driving home in the carpool lanes w my wife, I saw this lady driving -by herself- behind me for several miles, traffic was stop n go that’s why I noticed her, but speed build up a bit and then stop, which I did, but she didn’t as consequence of the impact my car was pretty damage and I suffer lots of pain to my hip/knee/leg and elbow. I call CHP did my statement and left. I visited a chiropractor I know due to the pain. He recommended an attorney he works with, everything was going well, I started treatment, my insurance Co. declare my car total loss and pay for it…but all of the sudden a paralegal from my attorney’s office call me and said that the received the police report (after 1 1/2mo!) and that it doesn’t look for me. The lady who hit me lied to the cop and he believed her! She said that she was driving on the regular lanes when “someone” hit her from the side causing her to cross into the carpool lanes bumping into me. The cop names it as a hit and run with apparently not fault from her (?) According to the paralegal it will be my word against hers and to make the long story short “I have no case” even though I didn’t do any thing wrong!...Can I sue her in small claims? Can I argue the police reoprt?

Missouri - pre-trial settlement negotiations

curious795 — Fri, 27 Aug 2010 03:13:17 GMT

If I have a bodily injury claim and the insurance company offered $5,000 to settle and then I filed a lawsuit, can I still accept their $5,000 offer or was my filing the lawsuit considered a rejection of their offer? If not a rejection, how would I accept the pre-suit offer?

Parked car, Hit & Run & totaled by insured motorist

SG_2010 — Wed, 21 Jul 2010 15:57:52 GMT

I am victim of hit & run case in New York. My car was parked and a van did hit my car, totaled it & ran from the scene. I got two witnessed & both of them got the number plate of the van. When cop came down, they immediately checked & found that the van is insured and they took the report and gave me all the details of the owner. I don't have any collision coverage so my insurance company would not pay me or follow up with other insurance company.

The Van owner's insurance company did not contact me yet (it is 8 days now), but I got a doubt that after getting witnesses, number plate & owner insurance, it was not clear to us who was driving the van & could insurance company make it an issue and deny my claim? that the insured driver was not driving?

Please let me know, if the insured driver was not driving, he is not liable for any accident his is car is involved?

What exactly the New York state law is regarding the liability of an insured driver?

Thanks

How much information is enough for the other side?

MarksCarts — Tue, 24 Aug 2010 20:17:40 GMT

In a case of a minor auto accident, when the other party is clearly at fault and admits so, how much information is required by law from me?

I was sitting at a stop light and was rear-ended, which caused only minor damage. The driver at fault gave me his insurance information and admitted responsibility. I gave him only my name and phone number. We filed a claim with his insurance company. The claims agent requested a lot of other information, including my own insurance policy, drivers license number, etc. I refused to give any information other than what I deemed was necessary for them to fulfill their obligation to me, which as I see it is Name, phone number, mailing address, and a location where my car may be see. The claims agent noted this and went on about their business, no problem.

Recently, I was hit again under similar circumstances, I was sitting at a red traffic light and was rear-ended (ubelievable, I feel like a magnet for mishaps now). Anyway, I am about to repeat the process, and I have a question as to whether there is any legal obligation to give the insurance company information beyond my name, phone, mailing address and location where car may be seen. I am very private about my personal information and do not intend to give any information that is not required by law or by necessity to complete the claim.

How much is enough from a legal standpoint?

odds of settlement before trial?

mryenyen — Tue, 27 Apr 2010 09:50:56 GMT

HI,

The Driver of a Big Rig Commercial truck, dozed off & ran into my brother. My Brother ended up getting 5 surgeries on his leg, shoulder & neck. & cannot go back to work as an electrician.

He has a trial date in 9 months , but my question, Wouldn't it be in the Big Rigs best intrest to offer a reasonable settlment & avoiding a trial? Also does any one know ball park what basic range this would be worth?

20 years lost future income @ 50K/yr

130K medical bills so far & 100 % defence liability

thanks

Can the police issue a ticket later for no insurance?

Taurean21 — Mon, 15 Feb 2010 08:04:51 GMT

Hello,

I was in an auto accident that was my fault. I was issued a citation for failure to yield. I was on my boyfriend (ex now)'s insurance policy for years. I found out a few days later that he didn't pay the insurance and the policy was cancelled. I didn't receive a citation for "no proof of insurance" and the dmv has me listed as having continuous insurance coverage. I am in the process of trying to work out a payment plan with the other driver's insurance company. The other driver has contacted the police and informed them that my insurance coverage was not valid at the time. I purchased my own insurance policy as soon as I found out that I didn't have any insurance. I know that will not help me with this accident, but I am trying to get my affairs in order. I would like to know if the police can give me a citation for no insurance because as of the date of the accident, the databases were showing that I had valid insurance coverage.

What can I do???

ratsmom — Tue, 13 Apr 2010 03:45:48 GMT

On December 2, 2008 I was t-boned at a red light by a girl going well above the speed limit, messing with her dog, and not paying attention to the traffic. Her car hit my car on the passenger side and spun me around 360 degrees. My car was only six months old at the time of the accident and it was totalled out by my insurance company. I am a paraplegic and I carry my wheelchair in the front seat to make it easier for me to load and unload. The wheelchair hit me in the right side of my head and jaw causing whip lash ands damaged my jaw and some teeth on the right side. I was transported to the local ER and it was discovered that a medication pump that had been installed in my abdomen in September of 2008 was not fucntioning properly. The needle that goes into my spinal cord was broken off and the pump was damages. So in January of 2009 I had to undergo surgery to replace the pump and was laid up under nurses care for over two months before I could return to my job as a substitue teacher for the local school district. Since I only have Medicare and Medicaid coverage I could not afford to get anything done about the damages to my jaw and teeth. My insurance carrier would not pay for the dental treatments nor would her insurance carrier pay for them. As a matter of fact her insurance carrier would not talk myself or my carrier about anything. So In June of 2009 I finally hired an attorney to hopefully settle this out. Her carrier only has $50,000.00 on her policy which I ended up taking. My non insured motorist should have paid me something but they have denied the claim because they paid off my car, storage of the car, towing, and my ER bill. They have not been able to collect any of these funds from the other insurance carrier. My attorney informed me today that after they repay Medicare and Medicaid $34,000.00 and he takes his part I will get nothing. I get no pain and suffering, no lost wages, and no dental repairs. Is there anything else I can do or am I stuck with nothing at all money wise plus a $6000.00 dental bill to figure out how to come up with. I havew no dental coverage at all with Medicare or Medicaid and live on Social Security , child support and if I am lucky to work at school and small check that barely covers my rent. $1100.00 total per month. I still suffer while the person responsible suffers nothing. Can you give me some advice?????

Recent accident, and no help

corizi — Fri, 21 May 2010 22:27:25 GMT

I was in an accident on 4/28/10.

I am not at fault and State Farm claims 100% at fault.

My car was totaled.

I went to the hospital later that day. They did not give me xrays or any braces even though it was a whiplash. They just sent me home with pain medications. I went a second time and they refused to help me even though I was in because. It was not an emergency apparently and suggested me to another doctor that I got to after 2 weeks.

State Farm called me and said that I was arranged for a rental at Enterprise. I was refused at Enterprise because I am 19 and have liability. I called my insurance to get full coverage. They refused to give me full coverage. I have no car. Haven't had one in almost a month.

I spent HOURS on the phone with insurance. From mine and the one at fault. I can't get help from anyone. I even contacted an attorney and he just wished me the best.

I just need to know if legal action is required to get stuff done. I can't keep stressing about this.

If someone has suggests about what I can do, that'd be a great help.

Summons Received for Personal Injury Lawsuit

ckustas — Tue, 10 Aug 2010 05:32:52 GMT

I have received a summons and complaint filed in my New York State county supreme court for personal injury sustained in an auto accident 1 1/2 years ago. At the time of the accident, there were no ambulances called, no tickets issued, and both parties walked away and drove away in their vehicles. My insurance company settled the claim for the repair to the other party's vehicle and thought that they also settled any injury claims at the time. I received a letter from her attorney at the time stating that they would be contacting my insurance company to settle the personal injury claims.

In this current complaint, the attorney is claiming that she has sustained severe and serious personal injuries to her mind and body some of which are permanent, with the permanent effects of pain, disability, disfigurement aand loss of body function. I am shocked that the claim of her injuries are this "sever" and that my insurance company has not told me that they have been trying to settle this for over a year and a half.

I have forwarded the information to my insurance company and wanted to know what the following section of the summons and complaint meant:

"Plaintiff seeks judgemtn for a sum which exceeds the juridictional limits of all lower courts which the jury would find to be fair, adequate and just in the First Cause of Action, together with the court" How much money is the party willing to sue for?

Judge dies before he can sign order

aa262 — Wed, 21 Oct 2009 02:28:51 GMT

My case finally went to trial and at the conclusion of testimony

he ruled in my favor.Before he could sign the order he dies.Am

I correct in assumming that my attorney hs to go to another judge

and get the final order signed

Medical and Legal Issues After An Accident

Jlevous — Thu, 26 Aug 2010 17:56:26 GMT

I was stopped and hit from behind at about 40 mph 2 months ago. My injuries are many. I have neurological (brain) damage, seizures, physical injuries, visual problems to name a few. I got a lawyer who is experienced in head injurues. I have a few questions.

1. What is my lawyer supposed to be doing at this point?

2. My medical care is a disaster! I have $15,000 PIP (Oregon) but providers have not wanted to get involved and have not done tests or referred me to the proper specialists for care. I am just now getting mental clarity to begin to wonder why someone didn't care for me when I couldn't myself. I must add that at some point I felt that my family Dr. didn't care and I fired her for not doing her job. I now have another Dr but it is the same thing. Example: Just about every bone in my body was injured yet I have not been seen by an Orthopedic Dr., I sustained blunt trauma to the side of my head which caused my eyes to turn red, swelling behind my eye, fluid to leak from my ear and nose so a brain MRI was done and they ruled out a stroke or tumor. Neither of those were the issue. I cannot get anyone to look at the tests that have already been done to see what is wrong behind my eye! (MRI, MRA and CT Scan).

I am very frustrated, in pain most of the time, don't hear from my lawyer, can't get adaquate medical care and don't know what to do.

Any help would be appreciated. Thank you.

A customer drove through my building...

Miklosik — Mon, 16 Aug 2010 19:32:06 GMT

and her insurance company wants me to settle for 60% of what it's going to cost me to repair the building. I cannot even get the adjuster, his manager or anyone other than the receptionist on the phone. Why should accept less than what it will cost me to fix the building? If I file with my own insurance company, after the deductible, the actual payout will be about the same. When I initially refused their offer, the adjust gave me a song and dance about depreciation blah, blah, blah. I don't think real estate depreciates the same way an automobile would. If it did, no one would ever buy any. I would guess my next step is the Illinois Department of Insurance to file a complaint, but realistically, would that help?

Michelle.

New Yorker rear-ended in FL

BklynGal85 — Sun, 15 Aug 2010 04:45:27 GMT

My husband & I were on vacation in FL back in April (2010) when we were rear-ended by a woman talking on her cell phone and not paying attention. She was going twice as fast as the other cars on the road and even though my husband saw hear in the mirror and accelerated, she still slammed into us.

She was driving her sister's car and is not a driver on the policy. She holds a Puerto Rico (US territory) drivers license. My attorney tells me the vehicle owner is underinsured.

We were driving a rental vehicle for which we purchased collision coverage but not liability. My attorney says we will go after my own insurance company through which I have PIP coverageand supplementary UM coverage from our car(s) in New York.

I saw a doctor within 24 hours of the accident and have had ongoing treatment since then. I have Radicular Neuropathy in my arms and legs, two bulged disc in my lower back and two herniated discs in my neck. I have a bone bruise on my right knee. I have a displaced (left knee) patella. I have nearly-constant dull achy lower-back pain & frequent headaches.

I was out on Disability for exactly two months as my work requires lifting 40+ lbs and pushing heavy carts. I have been back at work since June and have bad knee pain as I constantly have to crouch down for things at work and have trouble balancing when doing this.

I am having surgery on my left knee this week to fix my patella. I will be going back out on Disability. The doctor told me recovery is 2-4 weeks during which time I will be pretty immobile. I could be out of work 6-8+ weeks according to forums and articles I read online.

My lawyer is unwilling to give me an estimate of how much I could get until I am at MMI. When is that exactly? I'm not exactly getting any better. Other than my bruised bone, everything else is pretty permanent. Bulged/herniated discs don't just go away.

Any ideas how much I could be looking at? And how long it may take?

Offduty Louisiana State Trooper in unmarked goverment truck

Rainylanealone — Sat, 14 Aug 2010 01:31:08 GMT

We were struck by an off duty narcotics agent in a goverment vehicle, off the clock. HIs wife works for our town's sheriff's department. He ran a red light, Bastrop City showed up and they wouldn't let them work it. The off duty state trooper took over and called in his troop to handle the wreck. Our driver ended up with the ticket and he had a green light. We didn't see how it happened and we get the police report and they had a false witness that was not at the scene on the report. We have pulled up her grandmother's obituary and the officer was a pallbearer. He bought his house from the Sherriff's father, one of the passengers had a broke shoulder and collar bone. He pleaded no contest to the ticket for running the red light so he could pursue it in court. He was seriously hurt and my car was totaled. We have filed suit but our attorney is wanting to resign becasue he is best buds with some of the people involved. Who can we call that will really respresent us against this guy?????????

THis guy was arrogant and was harrassing us at the scene, didn't even take anyone to the hospital. All the back slapping would have made you sick. We can't even get his cell phone records to prove he was on the phone at the time of the crash, they said we can't request those in discovery.

Paying for surgery

dabear — Sun, 15 Aug 2010 21:43:23 GMT

I was in a car accident in 4/06 and ended up herniated disks and spinal cord compression Settled last year.The no fault case is open for doctors visits only and not for surgery I also have private insurance

With pain levels increasing I have to consider surgery.The surgeon told me that they willl not submit it to my private insurance as long as my no fault is open It seems like I am in a catch 22 situation Am I going to be stuck paying for it out of my settlement Any insight would be appreciated

Offer

Chelle123 — Mon, 09 Aug 2010 18:42:24 GMT

Quick background. Was hit in the rear the end of last year. Went to hospital the day of accident and released after receiving shots for the pain. Spent the next 6 months going to doctors and chiro. Have about 16K in medical bills. We both have same insurance carrier and I have not retained a lawyer thus far and have been handling everything myself.

Recieved first low ball offer and not surprised. I rejected the offer and said it was an insult. Weeks have passed and now BI Examiner has upped the offer by another 2K (total being offer at this point is 8K). Said she could not offer anything higher until she reviewed a Worker Comp case I had back in 1992.... I didn't even remember the case and told her this was from 18 years ago. Is this normal protocol to review a file from 18 years ago? or is this a part of the game the insurance company plays? I have spoken to several attorney friends and they suggest that I would do better handling the case myself instead of turning it over to an attorney due to the fees that would need to be paid. Any advice would be greatly appreciated.

t-bone accident plz reply

magus — Wed, 12 May 2010 21:03:56 GMT

I was driving on the left lane of a main street when a vehicle pulled off from a stop sign to get to the median crossing. As he was crossing my lane he looked to his left and noticed i was coming he then, "i assume panicked" stopped in my lane. I slammed on my brakes and skid in to him thus t-boning him. Although i was speeding who is liable for the accident.

Low ball offer for claim

WarrenS — Thu, 24 Jun 2010 01:38:10 GMT

Hi:

I was rear ended almost 2 years ago in California. I know I am almost out of time as for the statue of limitation here in CA due to my own ignorance for not dealing with the issue sooner.

I reported the claim on the day of the accident 7/18/08. The vehicle I was driving had damages worth $1800 which has already been paid for by the insurance company.

I was seeing a chiropractor on a regular basis of 2-3 times a week for about 3 month. I continued on treating with him on and off during the past 2 years. My medical bill ended up being about $5400 which I have recently submitted it to the claims adjustor. Because I was not represented by an attorney, my chiropractor had me pay on a per visit basis.

I believe my medical bill was rather high because I had 2 past inujuries also from auto accidents. My chiropractor explained my case as "the new accident triggered old injuries which were not completely healed."

My problem is that I received a call from my adjustor today telling me that they will only offer $1500 for medical bills, and $1000 for pain and suffering. I was told that $1800 worth of car damage should not result into a $5400 bill. I had told the adjustor about my previous injury which they have on record, but no documentation.

Can someone please help me to deal with this problem? I am $5400 out of pocket right now and they are only offering $2500 total? It's not my fault for getting rear ended, why would I end up losing money for something I had no fault in?

Thank you for your help in advance.

Need help on hit and run citation

phillybob — Fri, 07 May 2010 05:48:00 GMT

sb told state trooper I struck their rear bumper and I got citation to appear in court for leaving scene of accident. I was told by the trooper that when I drove on Interstate 676, I did not keep safe distance and was not able to stop in time and struck the other vehicle's rear bumper. But I never did that. My front bumper did have scratchs bc I just scrached the frame of my garage door when I backed out of my garage. If I hit the other cars rear bumper, are there supposed to be dents or dings on my front bumper, but there is not. there is no other car's paint residual or whatsoever on my bumper. do I have to hire a lawyer to prove my innocence? I guess the best way to prove I hit the other vehicle is to match the damage on my car with damage on his car. If I did not hit him, there wont be a match. I need advice please. It sucks to have to hire lawyer to defend yourslef in such economy when you did nothing wrong. by the way, will I be able to countersue the other party for damage in a small claim court if I win the my traffic case?