Compensation For Loss of Transportation?

by Ray
(Milton, KY)

On 08/24/11 while on my way to work at a power generating station I was driving down the road while approaching a small hill. Another vehicle came up over the hill in my southbound lane, approaching me head-on.

I attempted to swerve to the right out of the approaching car's path. I ran up on the embankment where their car impacted into the rear end of my van, totally knocking out the whole rear end of my van.

Now I'm completely without transportation. After speaking with the other driver's insurance company, I'm told their person handling the claim will get in touch in a few days. What?! Now that's bogus.

They told me I'll have to purchase a rental car until they get the police report, and then they will reimburse me for it if it's proven that the other driver was in the wrong. This doesn't sound good. I cannot afford to just go out and rent a car so I can get back and forth to work, get groceries, pay bills etc..

Do you have any suggestions for my next step? I plan to call an attorney after I get someone here to stay with our minor boys while I go to see a physician about the pains in my leg.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Compensation For Loss of Transportation?":

Ray (Milton, KY):

You can’t force the at-fault driver’s insurance Claims Adjuster to move any faster. In fact, getting upset with her may result in even more delay. In these type of cases it's normal for an Adjuster to withhold payments for doctors, rental cars or other out of pocket expenses a victim is forced to expend.

Regrettably, the way these cases often work is distasteful to the victim. The victim, who through no fault of her own must use her credit card, her insurance card, and even her own cash to defray the costs of treatment.

Take consolation knowing the Adjuster will complete her investigation soon. She will want to take your statement. And she will want to record it. Don’t hesitate to give your recorded statement. It is standard procedure. Don’t embellish the facts. “Tell it like it is” is the best advice we can give.

If you continue to be frustrated with the Adjuster you might think about consulting with a skilled Personal Injury Attorney. Doing so is a good idea for a victim in any case, but especially for one who's obviously frustrated with the manner in which the at-fault driver's insurance company is handling the case.

Most skilled Personal Injury Attorneys will not charge a legal fee for an initial office consultation. Consulting with an Attorney will apprise you of your legal options.

You may decide to take advantage of the Attorney’s skills. In Personal Injury Cases the Attorney does not charge any fees until, and unless she settles or wins your case at trial.

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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