I have an accident claim with another insurance and a PIP with my own. To which company do I ask for pain & suffering?

Asked almost 2 years ago - Washougal, WA

The other insurance is accepting only 90% liability. I plan to demand 100% when I receive their written offer. I was travelling down the road when a vehicle that was parallel parked attempted a U turn without signalling. The point of impact was the middle of passenger door, and continues down the side of my car. The other driver got out and apologized, contacted me to not go through insurance, etc. Their sticking point is that I said I didn't see her. I'm not sure how I could have when the point of impact was equal to or just behind my body. ANy advice on getting them to accept at 100%?

Attorney answers (8)

  1. Colin Michael Scott

    Contributor Level 7

    11

    Lawyers agree

    Answered . If you are involved in an accident, PIP coverage can be used to help pay for things like medical bills, wage loss, loss of services, and funeral expenses—regardless of whether you’re at fault for causing the accident. These services are commonly referred to as pecuniary or economic damages, which do not encompass damages for pain and suffering.

    To seek damages for pain and suffering, you need to make a claim against the person who hit you and seek compensation from their insurance company. Based on what you've indicated so far, it sounds as though the adverse driver's insurance company is giving you the runaround (by disputing liability) and you should seek the advice of an attorney who is experienced in these matters.

    If you have any additional questions, I am in the office presently and would be happy to speak with you. Best of luck!

    The information contained in this message is for general informational purposes only. It is not intended to be... more
  2. Scott W Edwards

    Pro

    Contributor Level 12

    10

    Lawyers agree

    1

    Answered . You should speak with a personal injury attorney before negotiating any further. It sounds as if the insurance company has already starts to give you the run around and you need someone looking out for your best interest. I'm not in the office today but give me a call and I'll call you in the morning. Most personal injury attorneys, myself included, offer free consultations.

    Good luck!

    If this information has been helpful, please indicate below. DISCLAIMER: This information is for general... more
  3. Crystal Grace Rutherford

    Pro

    Contributor Level 13

    10

    Lawyers agree

    Answered . It is not unusual because you are unrepresented, that an insurance company will make a ridiculous assessment. Hopefully you are not close to the three year statute of limitations. Hopefully you also have photographs of your car and of the scene where the collision occurred. I recommend that you contact a personal injury attorney before negotiating any further. From the limited facts you have provided, it does not appear that you are not being treating fairly.

  4. Susan J Holm

    Contributor Level 11

    9

    Lawyers agree

    Answered . You might want to clarify what you didn't see. You didn't see the parked car? You didn't see the driver? You didn't see her turn signal?

    You might also want to check the traffic ordinances where the accident occurred for rules about U-turns. In some jurisdictions, where u-turns are generally legal, they are specifically prohibited when pulling out from a parking place. . . Just saying.

    Good luck to you.

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide... more
  5. Jeffrey Mark Adams

    Contributor Level 20

    8

    Lawyers agree

    Answered . File suit and litigate the case.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. Bret A. Schnitzer

    Contributor Level 16

    8

    Lawyers agree

    Answered . Hire an attorney and file suit would be your best bet. Good luck

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think.... more
  7. Troy Young Nelson

    Contributor Level 3

    5

    Lawyers agree

    Answered . Your first party PIP coverage is available for your medical bills and wage loss. Pain and suffering damages are not available under your PIP coverage. Those damages would be the responsibility of the tortfeasor and his/her insurance company (assuming coverage). At this point, you should probably hire a personal injury lawyer to assist you.

  8. Gary A Kester

    Contributor Level 17

    4

    Lawyers agree

    Answered . Q: Any advice on getting them to accept 100%
    A: There are often difference of opinion on fault. Even if you could get them to accept 100% that does not mean they are going to give you the money that your asking for. It sounds like your main pioint of frustration with this case and the insurance company is your car. I firmly believe that if insurance companies acted differently in assessing the property damage portion of the claim they would likely reduce people making bodily injury claims. In as far as the pain and suffering you are mentioning, you have not said anything about medical treatment or any pain in any specific part of your body. You need proof to support damages. Good luck.

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question... more

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