I had an accident when my car crashed into a fallen tree on the road. I have had to take 2 weeks off work. The insurance won't pay out although I have personal injury cover because no third party was involved.
Can I get compensation from another source? Losing 2 weeks pay will leave me in debt not to mention the medical bills.
Answer by Shane
you need to call an attorney to fight for you. Don't let insurance comapnies push you around. You need some one that will fight for you. Like attorney ken nugent...that guy will fight to the end of eart to get you a good settlement from the insurance companies.
Answer by MSAD
Your going to have a hard time with this one.
I assume you were the driver of your car. As such, the only coverages that would apply to you would be Medical Payments or Personal Injury Protection (PIP). It depends on what state you live in as to if you have Med Pay or PIP.
Med Pay only pays for medical bills. It does not pay lost wages or pain/suffering. It is not a required coverage.
If you live in a "no fault" state - then you are required to carry PIP. PIP works a little different in each state that has it. In general PIP covers medical bills, lost wages. However, a lot will depend on the wording in your policy.
Bodily Injury Liability pays for injuries you cause to other people. It does not apply to the driver of your vehicle.
From what your insurance company is saying - the Med Pay or PIP (if you have it) do not apply in your situation. So there is no source of recovery under your own policy. A lawyer can't change the language in your policy.
Now you may be able to recover from the owner of the tree. But that's not going to be easy and is certainly not a sure thing.
There are a lot of factors that come into play.
What was the condition of the tree?
Why did it fall (such as a storm)?
Was the owner on notice that it had fallen?
Also - the tree is a fixed object. It's a hazard that is there to be seen. You did not see it. So your own negligence will come into the equation as well.
Answer by oklatom
If you have medical insurance coverage, your medical bills might be covered. Given the circumstances, nothing is going to cover your time off work unless you have sick pay from your employer coming that would cover the 2 weeks, or perhaps you could take vacation time for the period if they would allow it.
A tree on the road is a hazard that can be seen from a distance, and insurance rightly assumes you were driving too fast for conditions if you hit it.
Answer by Bob Loblaw
of coarse they wont pay.insurance is the biggest scam out there.you could sue and probably win but it wil take ten years.
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