Was hit a Uhaul and the other driver and the police report states the other driver is at fault. No major injuries. Car Totaled..

Asked over 1 year ago - Florissant, MO

While driving we was approached by a u haul that ran a stop sign and totaled our truck. The driver stated in the police report that his water bottle rolled under his brake stopping him from hitting the brake and causing him to ram us. My two children was transfer to the hospital by ambulance and I road with them while my husband stayed to give a report. My husband and i went to the hospital the next day. No major injuries but we are very sore and had to call off work a couple days. Unable to take the med. that was giving by the doctors because it make us sleepy. My 9 month old cries uncontrollable and my 12 year old is complaining about back soreness. My insurance company paid my truck off to my finance company, but who pays for our pain and suffering and medical bills?

Attorney answers (9)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . A personal injury lawyer gets you money for pain and suffering from your minor injuries. Don't try to do it yourself, or you could sabotage your good claim. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Mark A Kille

    Contributor Level 10

    8

    Lawyers agree

    Answered . You need to talk to a competent local personal injury attorney to become aware of your options available. From your facts provided, it appears the driver of the u-haul vehicle is responsible for your damages, including medical bills and pain/suffering for you and your children. Insurance companies try to settle with unrepresented victims for a fraction of what the claim is worth. Do not gamble. Obtain an attorney.

  3. Spencer Edward Farris

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . The attorneys advising you to call a local lawyer are correct! here is a video about some ot hte pitfalls of handling your injury case without a lawyer.

    http://injury-law-news.com/injury/2011/05/25/ca...

    Hopefully you have pictures of your truck before it was repaired.

    Submit the medical bills to your health insurance. If you don't have health insurance, most attorneys can help you get to a doctor who will see you on a lien basis.

    If you have other questions, call my office without any cost or obligation. You only have five years to file a lawsuit for injuries in Missouri, but you shouldn't wait to get someone working on your behalf- the insurance company is already working against you.

    While we hope this information is helpful and informative, it should not be considered a substitute for legal... more
  4. David J. McCormick

    Contributor Level 20

    9

    Lawyers agree

    Answered . You should talk with a personal injury attorney ASAP regarding your family’s claim for pain and suffering. Do not talk or meet with the other insurance company until you have talked with an attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Lisa Douglas

    Contributor Level 13

    9

    Lawyers agree

    Answered . If your 9 month old is still crying to that extent after the accident, I suggest you take him/.her to a childrens ER immediately, there may be more going on with them. Same suggestion with the 12 year old, they may need physical therapy or something more. I agree with the other attorneys you should retain a lawyer so that you don't ruin your case. Normally medical bills are paid for at the end of the claim unless you have med pay on your insurance then you will receive some payment toward the medicals.

    I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client... more
  6. Jason Brooks Going

    Contributor Level 7

    6

    Lawyers agree

    Answered . I'm very sorry that you have to go through this situation.

    You should submit your medical bills to your health insurance company. If you don't have health insurance you can ask the other party's insurance company to pay these bills directly. Most insurance companies won't do this, but some will.

    As far as getting compensated for your pain and suffering, you can try to negotiate a settlement with the insurance company yourself, but in almost every case they will give you far less than what you would get with an attorney. The insurance adjusters are trained to settle the case for the least amount of money you will accept. An attorney will aggressively push to resolve the matter for the maximum benefit. In injury cases like this, most attorneys will offer a contingency payment arrangement whereby the attorney only gets paid if he is able to obtain a settlement or judgment for you.

    There are attorneys on Avvo, like myself, who are licensed in MO and will give you a free consultation. You have nothing to lose by talking with an attorney and asking some questions. Florissant, MO is about 20 minutes from my office. I'd be glad to talk with you over the phone or in person about this matter. Please feel free to call with any other questions.

    I wish you and your family the best in your recovery.

    This answer is being provided for information purposes only and is not intended to be, nor should it be... more
  7. Geoffrey Stephen Meyerkord

    Contributor Level 9

    6

    Lawyers agree

    Answered . Your pain and suffering will either be paid from the U Haul drivers insurance, the U Haul renters insurance or U Haul. More information from you is needed. My firm has handled a few cases like this and we have found the carriers will sometimes point their fingers and each other. Please take the advice of my peers here and call a skilled injury lawyer. Do some research and hire someone soon. Make no statements to any of the insurance companies until you hire a lawyer.

    Good luck!

    Past results afford no guarantee of future results and every case is different and must be judged on its own... more
  8. Melvin G. Franke

    Contributor Level 13

    4

    Lawyers agree

    Answered . The other driver, sue him

  9. Timothy Ryan Brown

    Contributor Level 9

    3

    Lawyers agree

    Answered . I'd suggest contacting a personal injury attorney asap. You may, or may not, have medical payment coverage on your vehicle insurance which should help pay for medical bills right away to help you avoid bad debt. Inevitably, the other driver (or his insurance carrier) should be responsible for paying for your pain and suffering as well as medical bills.

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