Most people I have seen (even in small accidents) get a new car AND a few thousands, but I have over $10,000 in medical bills and can't even get my medical bills paid.
I was the passenger in a no-fault accident. Both parties, the person I was riding with and the person who hit us have insurance.
I am just curious. Can someone please take the time out to let me know why this is. Is it just bad luck for me? How do some people get such good settlements in cases that aren't as serious as mine was?
First, have you filed suit against your driver and your driver's insurance company? How about the other driver and that insurance company? If not, it may be difficult for you to get your medical bills paid.
Second, did you own the car you were in? If not, you are not likely going to get "a new car".
Third, I noticed you stated the accident was no-fault. Awards in no-fault accidents are generally less than at-fault accidents for obvious reasons. However, if you seek counsel, you may be able to shift the fault in your favor through the discovery process.
And, finally, if your medical bills are found to be excessive, unreasonable, or unnecessary, the procedures and treatment deemed as such will not be paid for either.
Regardless, I recommend you consult legal counsel immediately if you have not already done so. Your chances at recovery will possibly increase and an attorney can review all the facts of your case and possibly provide you with a better explanation of why or why not you may or may not recover your medical bills.
This is a tough question. An insurance company's offer of settlement can sometimes baffle the mind. There are many factors that go into determining the amount of settlement, including: the degree of injuries, the apportionment of fault, the long-term effects of the injuries, etc. You should consider hiring local counsel to help you with these negotiations as their experience will serve as a guide for what is a fair settlement amount. Best of luck.
Every claim is different and the insurance adjusters evaluate them differently. Usually it is based on the medical treatment & documentation; past & future disability; and and past & future wage loss. Pain & suffering (general damages) has to be presented in the best light possible in order to receive proper consideration. An experienced personal injury attorney know how to maximize the gross recovery.
I'm not sure how there would be no fault in a two car collision. The other car may not have had insurance. The driver of the car you were riding in may have been to be the at fault driver according to the insurers. Also, if your driver wasn't at fault, but the other car didn't have insurance, your driver's policy would have to have uninsured/underinsured motorist coverage. If your driver's policy didn't have that, your driver's insurer has no liability. However, if you have UM, you can still make a claim on your policy if there is no UM for the driver of the car you were in.
Confused? You should be. Insurance is confusing, especially when neither of the insurers is willing to accept liability in a two car accident. You should hire an attorney to handle your claim. The facts you provided don't really provide enough information for anyone to answer your question. That's why you need an attorney. He/she can help you sort through the legal issues.
No one here can really answer this question. Damages are individualized depending on the person involved and the circumstances.
Chances are that people who make better recoveries are represented by personal injury attorneys who know the law and fight for all the damages to which their client is entitled, not just the ones that the insurance company would like to pay for.
If your accident occurred in the State of Louisiana, you need to contact an attorney immediately, as Louisiana has one of the shortest statute of limitations in the country for tort actions.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You need an attorney. Personal injury damages and the recovery for those damages are very difficult to compare from case to case because everyone is different and the injuries a person sustains and the consequences of those injuries to their property, ability to earn a living, and every day life are different. Hire a local attorney to get what's right and preserve your rights.
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