My car was hit by a uhaul mini van as he turned into my lane damaging mostly by my gas tank. I got the citation because the officer said I didnt yield. Now the uhaul insurance wants to only pay half of the estimate for the damages and now ive missed work from a whiplash and strained muscles. The accident happened a little over a week ago and now the pain is back adding on to pain in my ribcage. I now have to go back to the emergency room. I cant work. My jobe requires heavy lifting in a warehouse which is up to 80 lbs.
Clearly, there position is based on the place report. Regarding the damage to your car, you might want to put the cli through your own insurer and let them seek reimbursement from the Uhaul Driver's insurer.
Regarding your personal injury claim, you should contact counsel immediately. There may be evidence that is favorable to you such as videos from property owners near the area where the occurred that needs to be preserved as soon as possible. In the event that you can establish that the other driver was at fault, you will be entitled to compensation for medical expenses, pain and suffering, lost wages among other possible damages.
Mr. Padove is licensed to practice law in Illinois and Indiana and is located in Highland, Indiana serving the Chicagoland area to Indianapolis. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.
Insurance companies can do what you let them get away with.
Often they will take the position that they are responsible for less than 100% of the damages in a case where it seems clear that their insured was 100% at fault. They are entitled to their opinion, as you are to yours. If you don't wish to accept their position, you will need and experienced personal injury attorney on your side to fight for you.
If you were injured, you need appropriate medical care at once. Damages applicable to your case will include not only property damage, but also medical expenses, the value of time lost from work and compensation for pain & suffering. Please realise that if the insurance company wants to pay for half the value of your property damage, they will also likely take the position that they should only pay for half the value of your personal injury damages. Again, you need an experienced personal injury attorney.
Steven A. Sigmond offers answers to questions here on Avvo and free consultations to those who call, but that is not the same thing as legal advise or hiring an attorney. Answers to questions posted should be used for general information only.
The attorneys in this forum will always try to give you the best information possible given the facts that are presented. However, probably 99% of the time, the main theme you will see in any answer is for an injured party to obtain whatever medical treatment needed for the injuries and then to consult with an attorney, as there is no possible way that any attorney in this forum, based on the limited amount of facts that can be given, can address the issues in full. This is not because attorneys are just trying to get some extra business but because we know that insurance companies don’t always treat unrepresented claimants fairly.
I’m not saying that all insurance companies are going to try to cheat you by any means, however. I handled lawsuits as an insurance adjuster for thirty-three (33) years for three (3) of the larger insurance companies in the U.S. Those companies always attempted the best they could to be fair and came up with a fair and reasonable settlement range for injury cases most of the time.
However, what you have to understand is that even the most reasonable insurance carriers are going to offer you the lower end of what they consider a reasonable settlement range and try to get you to take it. All insurance companies are in the business of making money and saving on costs and are not in the business of spending money like a drunken sailor. The less than reasonable insurance companies will not be as kind as some of the larger companies out there. Don’t try to handle your case on your own. Stop trying to deal with the insurance company yourself. That's like a two-year old stepping into the octagon to face an MMA champion.
Your best bet to obtain the maximum settlement amount in this case is to consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do and then to ensure you have completed the necessary medical treatment. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverage available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling personal injury cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
Yes they are evaluating it as a 50/50 liability accident. If you don't like that I would suggest getting an attorney.
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