Yes. Consult a personal injury attorney for a thorough review of the facts of your case. He/She should be able to provide you with a game plan.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
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Yes. But you can't sue the insurance company; you have to sue the driver of the car and/or the owner of the car and the insurance company will indemnify, or answer for the debts of, the insured parties.
Your insurance company may be entitled to subrogation, the right to get paid back, for any money you receive from the defendants' insurance company for debts paid by your insurance to your doctors, but this often can be negotiated by an experienced lawyer.
You should hire a local personal injury attorney so you get all that you are entitled to.
Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.
You are entitled to $2,500.00 in "no fault" personal injury protection benefits under the policy of insurance covering the automobile that hit you. They must pay all properly submitted bills within 30 days or they owe you interest each day over that deadline. You must send a WRITTEN request to the insurance company asking for a PIP application form, then you must fill it out and return it to the insurer to get PIP benefits. You would be advised to hire a lawyer for this, because this insurer will also be liable to you for more than PIP benefits if their insured driver was at fault for this accident. You have the right to claim damages for pain and suffering, lost wages, disfigurement, permanent impairments, etc. You may have future medical bills. A lawyer will be able to properly document and present your claim to achieve the maximum recovery. Beware that anything you say to the insurance adjuster can be used or twisted around to support a denial of liability, so you really need a lawyer to be the go-between for you so as not to compromise your case. PIP benefits, however, have to be paid even if the insurer denies liability for the accident. If the other driver turns out to be uninsured, you can claim against the Maryland Automobile Insurance Fund.
Get a lawyer. See links.
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