Hopefully you had uninsured motorist coverage. If not, I'll need to know more as to whether USAA can be forced to pay. Also, you have two years from the date of injury to sue for personal injury if the claim has not been settled, so please see a personal injury attorney immediately.
Most important question for any attorney to have answered is who is insured by USAA? If it's the other driver, then you can not sue his insurance for failing to timely handle the claim, your only option is to bring suit against the driver to force his insurance company to respond. If you are insured with USAA, and they are not fulfilling their part of the contract for insurance you have with them, then you might have a "Bad Faith" claim against them. You really need to consult with an attorney to discuss what your rights are and what you need to do.
Jeff Roberts, Esq.
Hire a lawyer immediately and sue the driver. His insurance or your uninsured motorist insurance carrier will cover medical bills, lost wages, pain and suffering and all other damages you may be legally entitled to collect.
Is USAA your insurance company or the insurance company for the other party?
You have the right to sue the other driver for liability for all of your past and future medical expenses, lost income and pain and suffering.
If USAA is your insurance carrier. you may have a claim for bad faith for failing to pay under your medical payments or PIP coverage.
Either way, USAA's modus operandi is to deny claims and lowball until you file suit. I recommend consulting a personal injury attorney as soon as possible since a lot of time has already passed and there is a statute of limitations that applies to your claim.
A personal injury lawyer can recover the money that you are entitled to. Find a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer. Good luck to you.
The answer does not create an attorney/client relationship and is for informational purposes only.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
I'm sorry to hear that you are having so much trouble. It is very important to know more information about your case. First, is USAA the other driver's insurance company or yours?
This is a common frustration I hear about insurance companies. Actually the remedy is to sue the at-fault party. The insurance company is merely the entity that has the duty to pay the bills on behalf of the person causing the wreck. You are doing yourself a huge favor by investigating this and trying to find the best lawyer for your case. Good luck and feel free to contact us me if you want additional information.
You have made a 17 month mistake. Within days of teh accident, you should have hired counsel. Each time you talk to the other driver's insurer, you diminish the value of your case. A good lawyer will almost always get a far better settlement than you can get on your own - and it will often include not just lost wages and medical bills but also pain and suffering.
Bear in mind that 2 years after the accident, you will lose all rights to sue. Since lawyers need time to prepare a demand and case, you are already VERY late in the process.
Feel free to call us to evaluate your case - 404-768-3509.
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If USAA is the other car's insurance then you cannot sue them; you would have to sue the driver of the other car in order to collect for the medical bills. If USAA is your auto insurance and you had medical payments coverage then you could sue your own insurance company under breach of contract.
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