Automobile Accident Claim...

by Anthony
(Corydon, IN)

A person was driving someone else's car, the owner of the car was in the passenger seat and I was in the back passenger seat. The driver ran a stop sign, lost control of the car and we crashed. We hit an estimated 5 trees, flipped about 4 to 5 times and landed upside down.

I'm wondering how I get my hospital bills paid and get compensation from a wreck with just one vehicle and the driver (who was not the owner) was at fault?

Visitor Question:
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ANSWER for "Automobile Accident Claim...":

Anthony (Corydon, IN):

Normally in automobile collisions the owner is the driver. In most cases that means there is only one insurance company with which to file claim. In your case you have two insurance companies from which to file a claim.

Even though the driver was not the owner she is still liable for your injuries. Her automobile insurance, like most of us, covers not only injuries she may cause when driving her own car, but injuries caused when driving someone else's car.

In addition, even though the owner wasn’t driving, her automobile insurance, like the driver’s, is available to cover your injuries as well.

You should continue to seek all the medical help you need. At the same time you should be asking the driver and the owner for their insurance information. When you have it you should call the 800 number listed with the other insurance information.

When you call tell them you want to file a claim arising out of an automobile collision which their insured is responsible for. You will be contacted by their representative known as a Claims Adjuster. She will review the facts of the collision with you.

Make copies of all of your medical bills, out of pocket expenses such as prescribed medicine, bandages, and over the counter medications, and any other costs you incurred and continue to incur as a result of the collision. You should also ask your employer to give you a verification of all of your lost wages.

It's not necessary for you to tell the Adjuster about your communications with the other Adjuster. Of course if she asks, tell her the truth.

Your claim will continue during your recovery period. When you are fully recovered you will then be able to begin negotiating a settlement with the respective insurance companies.

In your negotiations you will be asking for reimbursement for your medical bills, out of pocket expenses, lost wages and an additional amount for your pain and suffering. You can ask both insurance companies to pay the same medical bills, out of pocket expenses, lost wages, and pain and suffering.

If the insurance companies are not cooperative you should seek the advice of a skilled Personal Injury Attorney. Most Attorneys will not charge you any fee for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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