I was in a car accident in Kentucky. The other driver was at fault. My insurance paid my medical bills and the other driver’s insurance finally made a settlement for my car which was totaled.
I went to a local hospital with a head injury which the doctor told me was a concussion. I had cuts, scrapes, bruises, and sore muscles. I was unable to do regular activities for 2 to 4 weeks. I am retired so there were no lost wages.
Is it likely that I could get a settlement from the at fault driver’s insurance for this? Should the other driver’s insurance be responsible for any pain and suffering?
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.
From the facts you present it appears you sought medical bill reimbursement from your own insurance company. Although sometimes doing so is necessary when the at-fault driver’s insurance company has not yet accepted liability on behalf of their insured, the at-fault driver’s insurance should have paid all of your medical bills.
Your insurance company will “subrogate” against the at-fault driver and her insurance company. This means your insurance company will seek reimbursement for the amount of money they have already paid on your behalf.
It’s certainly not too late to seek additional compensation from the driver and her insurance company. You have the right to ask them to pay an additional amount for your pain and suffering.
Although you probably deserve compensation from the other driver’s insurance company for the pain and suffering you endured, saying it is one thing – collecting it is another.
Contact the at-fault insurance company’s insurance company again. You can call the insurance Claims Adjuster who handled the repairs to your car. She will probably not be the Adjuster who will be handling the pain and suffering portion of your claim, but she will be able to put you in contact with an Adjuster who can.
There may be a glitch though. If your insurance is subrogating, the at-fault driver’s insurance company may not want to negotiate with your insurance company and you separately.
Before you contact the at-fault driver’s insurance company, speak with your insurance company first. Tell them you want to be compensated by the at-fault driver’s insurance company for your pain and suffering and that you don’t want the subrogation claim to get in the way. Ask your insurance company to negotiate an additional amount to compensate you for pain and suffering.
Learn more here: Concussions and Other Head Injuries
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 with your claim,
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