Am I entitled to a settlement after my car accident that was not my fault?

Asked almost 2 years ago - Orrville, OH

i was in an accident not too long ago but the accident was caused by the other driver, which was recognized by the insurance company & the police. the car was in my parents name & they handled the settlement for the vehicle. after the accident i was transported by ambulance to the hospital but was deemed stable & released approximately an hour later. now its been a few weeks since the car was settled & about 2 weeks after the medical bills were handled but i have not heard back from the insurance companies. i was only sore from the accident with minor cuts, but i was still told that i am entitled to a settlement for pain & suffering. is this true & what should i do to claim this if it is? i really would appreciate any extra money for college after the inconvienence.

Attorney answers (6)

  1. David Allen Herman Jr.

    Contributor Level 10

    5

    Lawyers agree

    Answered . It is concerning that you haven't heard anything from the insurance company for two weeks. I agree that now is the time to contact an attorney. It doesn't sound as if the insurance company is taking the claim seriously. I'd be happy to discuss your options with you. www.nphm.com

  2. Anthony Dean Castelli

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . I would go to the doctor first of all to make sure you are 100% . Once you settle the case is over.
    But if you are truly fine after an emergency room visit then what value would a lawyer have for you. I would not take a case where I can not give you an increase in value. And just because you hire a lawyer does not mean that the insurance co in this case will pay you more. That certainly can be true in a large case , but not in a one time emrrgency visit case

    Not every small case needs a lawyer. Call the insurance company up and ask what they will give you for pain and suffering. just remember if you settle and you are hurting later it is too late.

    http://www.castellilaw.com

    This is not legal advice. This is just general information.You should always contact a lawyer in your jurisdiction... more
  3. Jeffrey Allan Leikin

    Contributor Level 9

    5

    Lawyers agree

    Answered . Yes. You are entitled to an award based upon the damages you incurred. My recomendation would be to get an attorney - but you can always call the insurance company yourself if all the treatment you had was in the ER and you are no longer treating for your injuries.

  4. Daniel Nelson Deasy

    Contributor Level 20

    5

    Lawyers agree

    Answered . You should talk to a personal injury attorney in vicinity of where this collision occured. A good PI attorney will let you know if they can add value to your claim or if you shoudl work the claim on your own.

    Good luck to you.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Andrew Michael Korduba

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Call the Defendant's insurance company every day until you get an answer. Ask for a supervisor. They will need a copy of your medical records and bills. They will also want to know if your bills were paid by any Private Health Insurance Company and/or your own auto insurance company. You are entitled to collect the medical bills, lost wages and pain & suffering for your injury(s). The 'value" of your case may not be much, since you had minor injuries and minor treatment (ER only). Maybe $500-$1000 above your medical bills. Nominal value injury cases are not worth most attorney's time/effort, so you may not be able to get anyone (reputable) to assist you since there may not be alot of money in it. Insurance companies are usually pretty willing to payout claims asap in exchange for full settlement/Release of Liability before injured people hire a lawyer. Again, call the company. Let your voice be heard. Ask for a supervisor, and then that person's supervisor. Be polite and cooperative, but firm. They will (eventually listen). Good luck!

  6. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree - your best approach is to contact a qualified personal injury attorney in your community to review the matter and share the best options. Good Luck

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