I was in a car accident back in March. The other party that hit me was at fault. A police officer WITNESSED the accident and he wrote the police report. He stated the other party was driving at an unsafe speed for the driving conditions. What are my rights as far as claim settlement amount (for example 2-3xs medical bills settlement), timeframe of settlement, etc.
Answer by foschizle
in many states, you are paid for your medical expenses from your *own* insurance company, and then they collect them back from the other party's insurance company. if you are being paid directly from their insurance company for your medical bills, great - however, they will most likely only pay you for your medical bills, though, if you suffered minor injuries.
and anything beyond that, you'd most likely have to sue them for separately - and you're usually only going to be successful if you suffered *severe* and/or *permanent* damage that doctors deem to be substantial in affecting your day to day life...
this prevents people who suffer very minor injuries from trying to collect from insurance companies just to collect $ $ $ $ $ - in other words, just because the other party is at fault, it doesn't mean that you will be paid for minimal pain and suffering...
however, if you *have* suffered a severe injury, then, by all means, *don't* automatically accept an offer from the other party's insurance company...you would be far better off to seek advice from an attorney, who can help you determine whether or not you are likely to succeed in suing them for more - attornies will usually do this for *free* - a free consultation, and, if you collect, then they will take a percentage (a large percentage! - about 30%) of whatever the settlement is....and they don't sue based on multiplying the cost of the medical bills.
as far as the timeframe for such, your medical bills, regardless of whether paid through your company or the other party's, will be paid immediately - it won't cost you anything - UNLESS you have a deductible for that on your policy, and *your* insurance company is paying your bills directly...
however, in that case, your insurance company will put in a claim in to the other party's insurance company, and that deductible will be recovered (paid back to you) in full....that is, IF the other party was 100% at fault, and if they have insurance, of course....as for timeframe on that? - it's usually very quick - within a month.
however, on suing for pain and suffering? that could take anywhere from several months to a year or even more...depending on the severity of the injuries, and the amount you are seeking to recover.
Answer by SMART***
I'm not sure I entirely agree with previous answer. I believe the answerer is speaking about the state of New York, which has some really quirky laws regarding injury. Depending on the laws of your state, ( No Fault, or not No Fault), you will be entitled to collect from the other insurance company for your medical bills, and an additional amount for pain and suffering, inconvenience, etc, and you should not have to sue. That is of course if your medical bills exceed the No Fault threshold. (Contact your insurance company for that info). You cite the old rule of 2 to 3 times specials. Whoever gave you that info must have been around a long time, because that hasn't been used for at least 30 years. The injury will be evaluated by an adjuster from the at fault insurance company, and an offer will be made, based on the amount of the medical bills, the severity of the injury, and whether you sustained any permant impairment as a result of the accident. How do you know if you're being made a reasonable offer? You don't. that's why so many injured folks contact a lawyer. Listen to the at fault adjuster's explanation of how they arrived at the settlement offer. If it sound reasonable, make your decision. You can always hold out for more than they initially offer, so negotiate a bit. If you feel they are giving you a low-ball figure, consider contacting an attorney. They will generally take your case at no cost to you, and a 25 to 30% cut of whatever they collect for you. Good luck!
Answer by Basha D
It depends on the state where you live in. Every state and car insurance companies has different policies.
Answer by entidtil
You have a right to hire a lawyer and sue or you can wait for the insurance company to make you an offer. They are not going to simply hand you a bag full of cash though
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