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

Asked over 1 year ago - 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. Matthew Chase Swanson

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    Answered . 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. Fareesh S. Sarangi

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    Answered . 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... more
  3. Jarome Emile Gautreaux

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    Answered . 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
    478-254-4759
    www.thegalawfirm.com

  4. Jonathan P. Sexton

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    Answered . 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... more
  5. David B Pittman

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    Answered . 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.

  6. Randy William Ferguson

    Contributor Level 19

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    Answered . 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... more
  7. Kristin E. Hobbs

    Contributor Level 13

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

  8. Christian K. Lassen II

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    Answered . 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 www.InjuryLawyerPhiladelphia.com
  9. Robert M. Gardner Jr.

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    Answered . 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... more
  10. Glen Edward Ashman

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    Answered . 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... more
  11. Robert G. Rothstein

    Contributor Level 14

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    Answered . 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
    www.rgrothsteinlaw.com

    Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-... more
  12. Howard Robert Roitman

    Contributor Level 17

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    Answered . Get a lawyer, see links.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more
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