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Legally what can I do if my car is totaled after an accident that was not my fault?

Winder, GA |

My car is totaled, I am unemployed and still have some pain from the accident. Since I am unemployed I have no benefits, but do have Med pay on my car ins. policy which I understand I can use, but I understand if I use this med pay, then this will count as a claim with my insurance.

Attorney Answers 12

  1. Best answer

    I certainly agree with the other's suggestion that you consult with an injury attorney in your area. Most offer free consultations and can assist you in understanding your coverage and in deciding whether or not you have a claim for which you ought to hire an attorney.

    Regarding your concern about your premiums going up for making a medpay claim, know that insurance companies cannot charge you a premium just because you've made a claim on your policy for an incident which was not your fault. However, most premiums do generally increase over time and having been involved in any claim could make you appear to be a higher risk, resulting in slightly higher premiums. That being said, you purchased medical payments coverage (medpay) to assist in the payment of your medical bills in situations just like this one. It is especially helpful in your situation given that you have no health insurance. If you don't intend to use the coverage when you need it most, I'd remind you that you have been paying good money in premiums to your insurer the last several months or even years. Also, you might want to consider dropping the coverage and saving the money each month if you are worried about using it when you do get hurt.

  2. Consult with a personal injury/auto accident attorney in your area to help.

  3. You should hire a personal injury lawyer as soon as you can. you can make a claim to get your car taken care of and an injury claim against the at fault party's insurance company. Do not speak to anyone or make any statements to the insurance company until you get a lawyer. Your lawyer will explain everything to you.

  4. You should absolutely call one of us who specialize in personal injury and car accidents. There are many variables to each situation. We offer free consultations as do many others. If you'd like to discuss your case, please click on the contact information and we'd be happy to discuss the details of your specific situation. Best of luck

    * Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury, Medical Malpractice, or Criminal case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!

  5. Med Pay is a type of no fault coverage and is not a chargeable claim. That being said, I have yet to see an insurance premium that does not go up every year anyway. You really need to contact an attorney to discuss your case. I would be happy to speak with you. Feel free to give me a call.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

  6. I am glad to hear that you have Med Pay coverage. This can be very helpful, especially if you do not have any other health insurance. Often, the way the process works is this: you use your Med Pay coverage to pay for your medical treatment for your injuries caused by the wreck. When you are finished with any necessary medical treatment, you can attempt to settle your claim with the other driver's insurance company, if they were at fault in the wreck. You may also have a type of coverage called Uninsured/Underinsured Motorist coverage in your own policy that may be available to you. You also want to be sure to comply with all deadlines, including the applicable Statute of Limitations. There are lots of issues, including these insurance issues, that you will need to deal with. You may wish to talk with an attorney who handles tort cases and these related insurance issues. I wish you the very best.

    Jarome E. Gautreaux
    Gautreaux & Adams, LLC

  7. Using med pay is a good way to make sure that you are able to get the medical attention you need when you are unable to pay it on your own. When your case is resolved, the med pay can be reimbursed from the proceeds received from the at-fault party so that your own insurance company is covered. Therefore, this should not have an effect on your insurance. As to treatment, the at fault party's insurer is going to carefully scrutinize what treatment you receive, the cost of the treatment, as well as how soon after the accident treatment is sought, and will factor these to determine how much to offer as a settlement. The may soon contact you about making a statement, which they will then try to use against you. Further, they may try to give you a low ball offer on the value of the vehicle as well.

    You need to find representation for this as soon as possible. Our firm does handle these types of cases, and we are in Winder. Feel free to give us a call any time.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  8. You should go after the driver of the other vehicle. They would be liable for your damages. Talk to local injury attorney.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

  9. Luckily, several lawyers in your state have offered to help, thus, give one a call to discuss the facts and circumstances.

    Only 29% Contingency Fee! Phone: 215-510-6755

  10. You should call a lawyer ASAP. If you were hurt and another driver is negligent you may have a claim for those injuries, pain and suffering and other items.

    My office offers a free consultation: 404-768-3509.

    Do not talk with the insurance companies at all without counsel.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

  11. Med-pay is optional coverage which you paid extra for. If you don't use your insurance when you need it it, why bother having it?
    For a free review of your case contact me at

    Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate that to Avvo. Thank you.

  12. Get a lawyer, see links.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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