The U.S. Department of Transportation reports that motor vehicle collisions are a leading cause of unintentional deaths.
The type and severity of injuries experienced depend upon several factors and there is no one-size-fits-all when it comes to injuries or the long-term outcome related to those injuries.
According to the Journal of Orthopaedic & Sports Physical Therapy, approximately 50% of individuals with whiplash-associated disorder continue to experience symptoms to some degree long term.
Do not let insurance adjusters attempt to convince you your claim is of nuisance value. You may or may not recover as expected, and despite the adjuster’s attempt to rush you, there are laws that protect your claim for a period of time to allow you time to get appropriate medical treatment.
I am not at fault. What can I recover?
The elements of damage a jury may consider are:
- The reasonable value of necessary medical care received;
- The reasonable value of the past earnings lost as a result of the injury;
- The present cash value of the future earning capacity lost because of the injury; and
- The reasonable value of necessary services provided by another in doing things for you
- The nature of the injures;
- The physical and mental pain and suffering, past, and future;
- The impairment of abilities to perform usual activities;
- The disfigurement caused by the injuries; and
- The aggravation caused to any preexisting conditio
Can I still recover if I'm partially at fault?
Who pays for property damage?
The general assumption is that the insurance company of the driver that hit you (which is referred to as the “third-party insurer”) should pay to repair/replace your car (this of course assumes that the other driver had insurance). However, it is not always that simple.
For example, if you carry comprehensive/collision coverage on your car (often referred to as “full coverage”), then in many cases your insurance has the primary duty to pay to repair or replace your vehicle, after which the other guy’s insurance will reimburse your insurance company directly.
Who will pay my medical bills?
The general assumption is that you should be able to show up at the emergency room, hand the triage nurse the insurance info for the guy that hit you, and the hospital automatically bills his insurance for your injuries. But this assumption is flat wrong.
You’re welcome to provide the third-party insurer’s info, but they will probably deny payment because, unlike property damage, there is no duty for a third-party insurance carrier to pay your medical bill immediately.
If you carry personal injury protection/medical payments coverage under your auto insurance policy, such coverage would be the first in line to pay your medical bills until you reach the coverage limit. Once your limit is exhausted, your primary health insurance would take over.
Protect Your Rights
While insurance companies are quick to take our premiums, they are often slow to pay claims or may even outright deny them. Insurance companies have experienced adjusters and attorneys working against you, and that’s why you need an experienced attorney working for you.
The best settlements are recovered by attorneys who gather the evidence and prepare the case for trial.
Our attorneys have that reputation.