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Do I have to pay for the damage out of my own pocket if both insurances don't want to pay?

Falmouth, MA |

I was in a car accident a month ago. A car drove in my lane and ripped of my mirror. I tried everything (drove to the side as far as I could and honked my horn) The woman was looking right at me and still did not react. r. So we called the police. 5 minutes before the police arrived she sat down and covered her stomach. when the police arrived she told the officer that she was in pain and can't drive so he called an ambulance. Now after waiting a month her insurance does not want to pay in case it was a medical emergency. How long do I have to wait for there decision and who has to pay if there don't? I don't have coverage for my own car on my insurance..

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Attorney answers 5


From the sounds of it, the damages are not that much. If so, you should probably file an action in small claims. The insurer usually will not want to spend the money on sending a lawyer to small claims for most of the day to defend if the amount is small. They will probably pay you.

If the amount is large then you probably need to consult an attorney to file for you.


If no one was injured, you may be able to file this in a small claims court.

*PLEASE READ THIS BEFORE YOU COMMENT, EMAIL OR CONTACT ME. I am only licensed in Washington. Answering this question does not create an attorney-client relationship. This answer does not constitute legal advice.


The other driver's insurance company will delay for as long as you allow them to do that. File in small claims court a.s.a.p., and force their hand to act with haste, one way or another.


I agree with the small claims court advise of the other lawyers if you were not injured in the accident. However, if you go to small claims court, make sure that you bring a claim for everything, because if you were hurt, and didn't bring that up in the small claims court, then you may have forfeited any claim for injuries.
If you were injured (hopefully you were not!) then contact a personal injury lawyer.
If the insurance compnay refuses to communicate with you or tries to bully you beyond a legitimate defense, you can contact the office of the insurance commissioner as a further resource.


Small claims court.

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