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Todd Robert Henningsen
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Todd Henningsen’s Answers

39 total

  • I was rear ended and ended up in ER 2 days later with concussion, medically missed a week of work. Will insurance cover my loss?

    Had vomiting and headache, my head hit rear window of truck & broke it. Did not take EMT suggestion at time to visit ER, too shook up, had my dog in car with me.

    Todd’s Answer

    It sounds likely that insurance carrier will cover the loss, but as Mr. Simon stated, I would be very wary with a head injury about moving too quickly. You want to make sure that you have given it time to heal and that there are no lasting symptoms. Although your specific situation sounds pretty straight forward, I would recommend that you consult with an experienced personal injury attorney to make sure that you are covering all of your bases. Even if you choose not to hire an attorney for your situation, at least you will have a sense of the issues that your specific case presents. I wish you a speedy recovery!

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  • Should I file for pain and suffering with medical from my insurance company if the at fault driver did not have valid insurance?

    I was in an accident with a driver who was cited for failure to yield. My car was totaled and I sustained injuries. I found out that the at fault driver had an invalid license and was driving someone else's car. The owner's insurance declined to p...

    Todd’s Answer

    You situation presents a number of different issues. First, it appears that the other driver's insurance company may have inappropriately denied coverage. Just because the other driver is unlicensed, does not allow them to deny coverage. If the owner of the vehicle gave permission to the driver to use the vehicle, there is a strong argument that the other driver's insurance should apply. Also there may be a claim for "negligent entrustment" by the owner of the vehicle. This is a very fact specific determination, but something that needs to be explored further. If a claim for negligent entrustment can be made, this may open the claim up for an additional recovery under punitive damages. Lastly, assuming the other insurance company properly denied coverage and there is no negligent entrustment claim, then yes you should absolutely pursue a claim against your insurance company. If your insurance company pays for your claim, then they will have a right to pursue the other driver to collect what they paid out to you (this is called subrogation). There are a whole host of other issues presented by your posting, and I strongly encourage you to speak to experienced legal counsel as soon as possible. I wish you all the best!

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  • What would be the standard procedure or what should I do after I got hit by a car while riding my bicycle?

    -Not a US citizen or resident. -I am an international student. -Got hit while going through a crosswalk with the crossing light on green. -Fractured my knee and might need surgery. -Was supposed to leave the country in 5 days to get back to my...

    Todd’s Answer

    You should contact an experienced personal injury lawyers as soon as possible. Your citizenship status should have no bearing on the viability of your claim. Please do not talk to the driver's insurance company until you have spoken to an attorney and know your rights.

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  • Will my lawyer be able to take state farm to court if they don't stettle? i ask because it will be 2 years this month. below

    it is a person injury case, state farm has requested more documentation and we provided it. we are waiting for a settlement, but have not heard back from them. the 2 years statute will be up this month. my lawyer will still be able to take them t...

    Todd’s Answer

    Simply filing a "claim" will not stop the statute of limitations from running. Your lawyer will need to file and serve a lawsuit against the other party within the two year statute of limitations (assuming this incident happened in Georgia). Once that is accomplished you should be okay. As others have said, you should contact your attorney and discuss this matter with him or her.

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  • I want to start treatment again because my shoulder/neck area is in pain. Is it too late? What can I do?

    I was in an auto accident in Feb 2013. I started treatment and then stopped because it was hard getting to the chiropractor. I just got a car 2.5 weeks ago and I would like to start treatment again b/c my shoulders/neck area are very stiff and in...

    Todd’s Answer

    As others have said, a "gap" in your medical treatment can be very difficult to overcome. I certainly would never prevent a client from seeking medical treatment for his or her injuries, but you should know that there is a chance that you may not be compensated for all of those bills. If you have health insurance or medical expense coverage you may be able to utilize one of those coverages to pay for the treatment and minimize the risk that you will be left with out of pocket expenses. I strongly recommend that you contact one of the lawyers here on AVVO to discuss this in further detail as there may be other ways to making sure that you get the treatment you need while still maintaining your claim. Also please be aware that there is a 2 year statute of limitations in Georgia for personal injury claims. If you fail to file a lawsuit within that time, you will not be able to pursue your claim for injuries. You are already over a year into the process, so don't let too much time go by without speaking to a lawyer. I wish you all the best.

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  • If you were hurt in car accident that wasn't your fault but you had no insurance and suspended license do I still file a claim?

    I was driving down highway and out of nowhere a car just hit me head on I was driving someone else's vehicle and once the police arrived they ran my drivers license and they came back suspended so they took me off of the ambulance then took me to ...

    Todd’s Answer

    I agree with what others have posted. You still have a viable personal injury claim that you can pursue. I would also add that you want to notify the insurance company that insures the vehicle you were driving as well as any insurance company that may cover any vehicles you own. There are strict time limitations in the insuring contracts and a failure to notify the insurance company could mean that you forfeit a claim against them. Most importantly, you need to contact an experienced persona injury attorney to protect your rights.

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  • My wife was involved in an automobile accident and the person responsible for causing this accident has no insurance.

    medical bills is almost 180,000 what should i do Mr Rambo 678=886=4839

    Todd’s Answer

    As many have stated, if you have uninsured motorist coverage you can pursue a claim through your own automobile policy. Please be aware that you must report this claim to your insurer IMMEDIATELY if you have not done so already. There time limitations within your policy that require you to report this to your insurer, if you fail to do so, your insurance company can deny coverage. You definitely need professional help and I strongly encourage you to contact some of the lawyers that have answered your questions here on AVVO.

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  • Is it common in this day and age for an insurance company to lose a personal injury settlement demand package?

    I am not represented by a lawyer. I mailed, certified return receipt, a settlement demand to the insurance co. Apparently the adjuster received the letter and pictures but the other records and bills with my personal info wasn't imaged in and is n...

    Todd’s Answer

    I would not necessarily say that it is common, but it is certainly something that can happen. I hope that you retained copies of everything that you sent to the insurance company. If so, I would either email it directly to the adjuster, or mail it again. Depending on when the incident occurred and whether or not you are requesting policy limits it may not be necessary to send it certified. If the incident was after June 1, 2013, and you are making a policy limits demand, I would suggest that you speak with an experienced personal injury lawyer to make sure that you are doing everything correctly. Your post does not indicate if this is a car wreck, but if it is, and you plan on making a UM claim, I would definitely speak to a lawyer immediately. There are many traps out there for the unwary, and I would hate to see you victimized because you did not follow the procedural formalities to protect your rights. I wish you well in attempting to get this matter resolved.

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  • Follow up question

    If the other driver has 3 cars does each car has its on policy

    Todd’s Answer

    If he is insured with State Farm, many times they will write a separate policy for each vehicle and there is the possibility of stacking the coverage. (We recently were able to obtain a great result for our client in a situation with stacking of multiple policies against State Farm). However, that is the only company that I am aware of that will write separate policies for each vehicle. In Georgia, there is no "intrapolicy" stacking. Meaning that if all three vehicles are on the same policy they will not stack to create more liability coverage. I hope this answers your question, please feel free to contact me and I will be happy to go over it in more detail.

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  • I was in an accident and suffered a fractured rib and kidney injury. My husband suffered shoulder injuries.

    he has had surgery on one shoulder and is schedule for surgery on his other shoulder. The insurance company is telling us that the driver of the other vehicle only had 25,000 coverage. The other driver was also drunk and arrested at the scene. We ...

    Todd’s Answer

    I will echo what others have said in their responses in that you need to retain experienced counsel as soon as possible. There is a possibility of looking for other coverage on the vehicle if the driver was different than the owner. You also need to look at your own automobile policies to see if you have uninsured motorist coverage. In order to access the uninsured motorist coverage you will need to settle with the other driver pursuant to a limited liability release, which can be very tricky if you do not have the right counsel. Should you fail to settle pursuant to a limited liability release and there is uninsured motorist coverage then you could forfeit the right to access it. Again, there are many traps for the unwary in your situation. There is also the possibility of looking into a dram shop claim or a negligent entrustment claim (both of these are more of a long shot, but worth looking at with the injuries that you both received). If I can be of assistance, I am more than happy to help, but most importantly you need to get experienced legal counsel to assist, please do not go at this alone.

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