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Is there a way I can reduce the Damages Claimed in a Car accident. The bills do not look right to me

Boca Raton, FL |

I was 5 days behind to the grace period (30 days) to be add my vehicle to the insurance. I have been with this insurance company for over 5 years. I requested byt they did not consider. Now they have sent me a collection notice.
the accident: the police report indicated that I did not yield to right of way. but the police officer told me that its a poorly designed intersection there will not be any tickets to both the parties.
the insurance company sends me an collection notice, where I found that the person is claiming injuries. which was totally wrong as there were no physical damages whatsoever. I asked for details of the bill. they sent me an initial estimate document and indicated that they have paid it. I feel that the reports are wrong what are my chances to argue and can I do so?

I called the subrogation agent (since the documents came from there) and the agent mentioned that there are few open items on the medical side. they can send me bill for over 3 years. I am very worried to know this. This is a very small impact accident. Can I ask the agent to give me a final statement or amount to pay without those open items at all. How else can I proceed

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Attorney answers 10

Posted

It sounds like you were at fault in a motor vehicle collision and you have car insurance. If this is the case your insurance company will handle the claim through its adjusters and lawyers. Insurance companies do fight claims, but in your state their may be medical that are automatically paid (like no fault insurance). This may be the case.

Posted

You should hire an attorney. It sounds like you might have a causation defense, and possibly an indemity claim agaisnt the city for a danagerous public condition (the poorly designed intersection). Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Posted

You can challenge the demands, but it wont be easy to do. The police officer determination is not determinative of your negligence or the amount of negligence you had. You should consult with an attorney with all your paperwork and get some direction on how to deal with the claims. If they get a judgment against you that goes unsatisfied, you will lose your license, so be careful.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

Posted

I agree that you need to talk with an attorney because you may have a causation defense.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

This incident is one in which an attorney who is an expert in auto accident cases would be of great value to you. These types of cases are undertaken on a contigency fee basis, so you do not have to pay if your attorney is unsuccessful on your behalf. Most reputable auto accident attorneys will provide you a free, no obligation 1-hour initial consultation to review your specific situation - I would recommend you contact one immediately,

Posted

You can try, but if you are unrepresented, you may not have a lot of success. If you are sued for the damages, you will have an ability to obtain detailed information about the claim through the discovery process.You have learned a hard lesson here about going uninsured.You certainly can try to negotiate a resolution of this matter with the insurance carrier.It will cost them money to sue you.They may wish to avoid that expense and therefore compromise the claim with you.I wish you luck.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

Trying to resolve this without an attorney would be a mistake. Retain a local attorney from Avvo for representation.

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

Posted

I would strongly recommend that you use Avvo's "Find a Lawyer" feature to consult with a local attorney to review your case and advocate on your behalf.

Posted

So often I am asked this question..."What medical expenses can I get from the insurance company now that we know the collision wasn't my fault?" This is really an easy question to answer, because state law dictates what you are entitled to. However, just because you might be claiming a medical expense doesn't mean that you automatically get the money for those medical expenses. It is still up to you and your attorney to provide the insurance company with the facts and evidence to prove the damage.

Under the law of the state of New Mexico and most other states, medical expenses must be reasonable, necessary and a direct result of the injuries sustained in the collision.

The medical expenses must be reasonable in price compared to charges made by othere health care providers in the same community. This can be easily proven, and our firm has the annually published medical fees to help prove the reasonableness of the charges.

The medical expenses must be necessary and needed because of the injury from the collision. No one would expect the insurance company to pay for a medical expense that you really didn't need. You are, however, required to mitigate your damage. That means that you are allowed to have diagnostic tests and examinations to determine whether you have an injury. If you have some pain that you didn't have before the collision, you are expected to take reasonable precaution to determine if you have an injury. If you ultimately determine that you don't have any injury, the insurance company will still pay for the cost of the examination and diagnostic x-rays and other tests.

The medical expenses must be a direct result of the injuries sustained in the collision. You can't ask the insurance company to pay for anything that their driver didn't cause. However, they must also pay for the aggravation of a previous injury. As an example, let's say that your leg already had degenerative problems because of your age. It really didn't cause you any problems before the accident, but the twisting of the leg in the accident required you to now have physical therapy and ultimately a surgery. You aggravated the degenerative condition so now you must have the extra medical care. This would be a valid claim against the insurance company. The medical records provided by your doctor should clearly indicate that the medical care was needed as a result of the collision. If it doesn't state this on the records, then you should contact your doctor or his/her staff immediately to determine what he/she believes was the cause of the injury in the first place.

Once you have finished all of your treatment, it is realitively easy to determine your total medical expenses. You need to use the retail price of the medical expenses, not the amount paid by your health insurance or the amount you paid as a deductible or co-pay. It is usually a simple addition of the charges.

Sometimes doctors will state that you need to get extra money from the insurance company for future medical expenses. An example would be a doctor stating that you need one physical therapy visit per month for a total of 12 more months. You would need to calculate the cost of each visit and multiply times the number of visits the doctor says that you need and you then have an additional number for future medical care. Again, the same rules apply to future medical expenses that apply to the past medical expenses. The future medical expenses must be reasonable, necessary and a direct result of the collision.

The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship. Please call us at 505-883-5000 if you would like to discuss your case in more detail.

Posted

Don't look for any sympathy from your insurer about missing the reporting deadline. Likewise, being with an insurer five (5) years or 500 years means absolutely nothing.

Correlation between vehicle damage and doubted injury is no way to evaluate a clam.

Do what everyone above advises.

Asker

Posted

Thank you Sir. So you are suggesting that there is no point in doubting damage and injury claims. I will retail a local attorney. I do have faith in the system. But don't know my rights. Can you suggest any resource where I could get some knowledge on this please.

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