Visitor Question

Insurance refusing coverage because they can’t contact their insured?

Submitted By: A (USA)

We were stopped in traffic when the car behind hit me at full speed. We moved the cars into a Mcdonalds parking lot, then called the cops. There was a kid in the car and said he got distracted because he turned around to check on the child. He got a ticket for failure to control speed, and for driving with an expired license.

My car is now not drivable. The whole back bumper is smashed in, hitting against my tires. The cop said I would need to get it towed, but I had no money to. So we drove it the best we could to my house, which was only a couple miles away.

I called the other driver’s insurance company to start the claim. It’s been over a week and I have not had a car since it happened. I missed several days of school and have been late to work because I have to get rides from a family member. My neck has been hurting since the accident and I don’t have insurance, so I haven’t seen a doctor.

I have been contacting the insurance and they keep telling me that they can’t get a hold of the guy who hit me. They said they are not gonna do anything until they do. They are sending someone today to look at my car, but they won’t give me a rental until they can get a hold of him. This doesn’t seem right. What can I do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

Insurance companies are notorious for making any excuse they can to delay or deny a rightful and just claim. Inasmuch as the insurance company has been uncooperative, it would appear you have no choice but to seek legal representation.

An experienced personal injury attorney will expedite your claim by contacting the insurance company on your behalf. Because liability is unquestionable in your claim, your attorney should have little, if any trouble promptly securing a rental car for you.

Moreover, many attorneys work with physicians and chiropractors on what are called “Letters of Protection.” These are contractual agreements between attorneys and health care providers.

Letters of Protection contain a guarantee by the attorney stating if the health care provider treats the client without immediate payment, once the attorney settles the client’s claim or wins it in court the attorney will then deduct from the client’s settlement or court award an amount to pay the health care provider.

This way clients like yourself can have the immediate health care they require at no immediate cost.

Additionally, personal injury attorneys work on a contingency fee basis. This means the attorney will only be paid if he or she settles your claim or wins it at trial. If the attorney isn’t successful you owe nothing, not even the health care provider’s fees.

Gather your documents and seek the advice and counsel of several personal injury attorneys in your area. Once you have interviewed several you can choose the one you feel most comfortable with.

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

Best of luck,

Published: December 12, 2014

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