Car accident injury claim

Questions and Answers

injury claims in car accidents?

Q) are you able to claim for your own injuries if you have an accident thats your fault? i have whiplash and airbag burns,bruises and cuts i am in the uk...not sure whether that changes anything

A) If you admit to liability, it will be very difficult to get the insurance company to pay out against your injuries. If there was a third party involved the claim would go against there policy and not yours. This is one of the reasons why people get shafted after having an accident with a non insured driver as there own insurance does not cover them.

Car Accident?

Q) I was involved in a car accident a coupld of weeks ago. I went into the back of a lady that had to stop quickly due to some children running out into the road. I had just pulled out of a junction so I was only driving at about 10mph & the damage on her car was very minor, there was no damage to my car. She had 2 scratches on her car & I said I would pay for the damage. All I gave her was my name & address & phone number,she did not take my vehicle registration number. I received a letter today from a company called Accident Exchange & she is now seeking personal injuries & damage to her vehicle. The details of where the accident occured are incorrect on the form & all they have is my name & address. What would happen if I say I was not involved in the accident, as it is not a lie because on the claim form the accident took place at a completely different address. I wouldn't mind if she was actually injured but she is just trying it on & it annoys me. What should I do?

A) Pass all the paperwork onto your insurance people, as the details on her claim form are incorrect. The place where the accident happened is VERY IMPORTANT and when you show them this big mistake and the other important things like your car details being missing they will have a case for throwing her claim out. The bunch you are dealing with are obviously one of these 'where there's blame we stand to make a killing' type firms which should be outlawed. She is just as bad as them for being greedy enough to use them in the first place. Do people like her not realise when they go putting in claims for non existent injuries they are actually pushing policy prices even higher? She and this bunch of spivs should be done for fraud if you ask me.

Accident claims. What companies will actually let you make a claim where NO injury is involved?

Q) 'All' that happened to me is my car (3rd party insurance only) was damaged in an accident that was not my fault. The other drivers insurance company is denying my claim, basically because they obviously just don't want to pay me anything. How can little me fight the mighty power of one of the UK's biggest car insurance companies? I can't of course. And it's not cost effective to hire a solicitor. As I wasn't injured in the accident (and am not interested in pretending I was) is there are company who will take me on with one of these 'no win no fee/100% compensation' deals with no injury involved? I just want to win what is rightfully mine, the damages to my car.

A) So sorry but I don't know of any claims company which do as you ask. Many years ago I was witness to a similar accident where the persons car was only insured 3rd party. Months later I was asked to make out a witness statement which I hope sorted out the problem. During this period I was talking to the police about the problem and they advised that anyone who is involved in an accident which is definitively NOT their fault, should make sure they are 'injured' so that the police must be called to the scene All details then have to be recorded so the other party and insurance company can't wriggle out of it.

should i claim compensation from a car accident?

Q) accident was not my fault car behind did not stop and ploughed into my 6 month old car 80((. car will be fixed but i have a neck and back injury and pins and needles in my arms. hospital has said this will ease but might take up to 2 weeks to settle down and stop hurting. thing is should i claims compensation ? it was not my fault but then should i contribute to this socity of claiming compensation for everything?

A) yes yes yes. Hopefully you have paid for comprehensive insurance and you should be able to claim through them. I know a few people who had just a few days off work and got over £1000 for whiplash, and were paid within 3 months. My own accident where I injured my knee took 5 years to sort out but I did get £70,000 so it was worth the wait.

can i claim personal injury from any other than my own insurance?

Q) i had a car accident reciently but the other driver took off so didnt get any insurance details im now having to claim from my own insurance but is their any way i can claim for personal injury.

A) Your first stop is your insurance company. Unfortunately, it may be your only stop. If you weren't able to get any details on the other driver you have no one else to file a claim against. However, if you DID at least get a license plate on the other car and filed a police report, the police can track that individual down and you can file a claim against the driver's insurance company. If the driver didn't have insurance at the time of the accident, you can still file suit against the driver personally. If you are able to go against that person and/or the insurance company, be sure to go after them for EVERYTHING, including repairs on your car, rental car expenses while your car was in the shop, all medical bills, and any time you had to spend filing a police report or going to the doctor or going to the body shop...you get the idea.

how do make a claim against my car insurance for injuries?

Q) i was involved in accident yesterday, the result being injuries to myself. no other cars were involved. how do i go about making a claim for the injuries against my own insurance policy? yes the police were involved, road was closed off, i skidded on diesel they think, plus road was wet and car started fish tailing(i think they call it)and ended up whacking every panel on the car lol gonna be off work for a few weeks and don't get paid, that was my main reason for claim, and im fully comp with protected no claims

A) They couldn't have been that bad, your tapping away on the computer today. Most likely the insurance company will laugh at you. You certainly won't get any settlement. They might cover medical but I doubt it.

Can an accident management company represent someone who wasnt injured in a car accident?

Q) Bascially I was in a car incident where myself and the claimant bumped into eachothers cars. It was agreed there was no damage to either vehicle, no injuries and there were no witnesses. However, some months later a direct accident management company have contacted my insurance company and are now trying to claim £6,000 for damages and car hire. And the claimant has also dreamed up a witness who has written a statement saying that they saw the accident and even spoke to me! (apparently I told him to mind his own business)! My insurance company have provided me with a solicitor as I now have a court hearing! There was no damage to my car and I wish to claim nothing.

A) This should be reported, possibly the police, watch dog or there trade association, good job there are still honest people out there!!!!!!!!

Do different types of injuries affect the length of time needed to sort out a personal injury claim?

Q) (I'm in the UK) Last Christmas my brother's car was hit by a woman who pulled out of a slip road onto a main road without looking. She hit him head on and his car was totalled. My mother who was in the passenger seat was taken to hospital by ambulance, and found to have a broken sternum. The woman in the other car admitted responsibility at the scene and police suspected she may have been drinking. The insurance claim for her personal injury is still going on! My mum has been sent to see two separate doctors to assess her case. In February, my BF had a smiliar accident - silly bint pulled out etc, but he did not suffer severe injury, just back pain which kept him off work for a few days. Woman did not immediately admit responsiblity and had not been drinking. He's already been awarded £1,500! What I don't get is why such a cut and dried case like my mum's is taking so long whilst a case like my BFs (which I thought wouldn't come to anything) has been sorted already

A) There are usually a number of factors involved. First of all it depends on the efficiency of the legal firms involved in the case, some are really good, where as some have to be chased at every stage. It also depends on the complexity of the case. Some cases are cut and dried and it is clear who is liable, others have more grey areas. The injuries sustained by the claimant, also make a difference. Whiplash claims are common, you may have to see a medical examiner, but other than that there are not usually any long term effects of the injury and the claimant is usually fully recovered by the time they recieve a settlement. However, when injuries are complex, such as head injuries, the procedure is less straightforward. The effects of the injuries may be difficult to assess and may persist for some time. Keep chasing the solicitors and you will get there eventually, good luck.

Do different types of injuries affect the length of time needed to sort out a personal injury claim?

Q) (I'm in the UK) Last Christmas my brother's car was hit by a woman who pulled out of a slip road onto a main road without looking. She hit him head on and his car was totalled. My mother who was in the passenger seat was taken to hospital by ambulance, and found to have a broken sternum. The woman in the other car admitted responsibility at the scene and police suspected she may have been drinking. The insurance claim for her personal injury is still going on! My mum has been sent to see two separate doctors to assess her case. In February, my BF had a smiliar accident - silly bint pulled out etc, but he did not suffer severe injury, just back pain which kept him off work for a few days. Woman did not immediately admit responsiblity and had not been drinking. He's already been awarded £1,500! What I don't get is why such a cut and dried case like my mum's is taking so long whilst a case like my BFs (which I thought wouldn't come to anything) has been sorted already

A) ask your lawyer if he can speed it up

injury compensation claim?

Q) i had an accident 2 weeks ago where a taxi driver hit me. he was not looking ahead n was lookin in the other direction n he hit me. i was dragged under the car n along as he stopped. i injured my knee, fractured ribs, sprained wrist/ankle and damaged musles in legs and shoulder where the wheel went over me. it will take up2 6 wks 2 walk properly. the driver at the scene admitted he was not looking. he said this in front of witneses. the ambulance took me away but the police were there and i pressume questioned him. the police havent called me at all to take my version of incident. i called them but i was told the constable dealing with it will call me if required. 1 - can i claim compensation for injury? 2 - i had already handed my notice at my current work as i had a new job prospect ( i still had 2 weeks of notice to work at time of accident). my dad says i cant claim loss of income as i had resigned frm work and the ins company will confirm this frm my work. is this tru?

A)

In car accident, can someone claim bodily injury AFTER being denied initial repair claim? Can they sue after?

Q) I was in a car accident. We were at a stop light. He accelerated when light was about to change, I followed. However he slammed on his brakes and I rear-ended him. He had no damage to his vehicle (according to HIS insurance), but my vehicle has hole from where his hitch hit near my vent. He is NOW claiming bodily injury, everyone is suggesting he's a fraud (his insurance is hinting they don't believe him). If he is denied, can he sue me personally??

A) IF HE TRIES TO SUE YOU, HE WILL HAVE TO PROVE EVERYTHING THAT IS WRONG WITH HIM AS WELL AS HAVE EVERYTHING DOCUMENTED. JUST TURN EVERYTHING OVER TO YOUR INSURANCE COMPANY AND THEY WILL HANDLE IT. DON'T WORRY ABOUT THIS, HE IS JUST LOOKING FOR A QUICK BUCK.

Car Accident; Back Injury Claims?

Q) I was in an accident about a month ago. I rear-ended some guy's car. He didnt want to call the police or the insurance company. He said it wasnt a big deal, the car was old anyways, the damage was minor. We exchanged phone numbers and agreed to call each other later and come up with a settlement. He asked for a sum of 300 dollars and every time I went to give it to him, he wouldnt want to meet. So i stopped calling, about three weeks later I get a letter saying that he's taking me to court cuz of back injury. Can he make a case with no police report? Should I notify my insurance company? What should I do? What do you think might happen, can he really sue me for thousands of dollars? Please give me advice I would appreciate it. Its crazy because I must of offered calling my insurance like 20 times before this whole lawyer situation?

A) hiya: Well, gosh. The only reason someone like him would get an attorney is to try and threaten you. That's like him trying to sic a pit bull on you. But here's the good news. Personal injury attorneys that would take his case? They're total pushovers. So, here's what you do. #1. No one's going to court anytime soon. If YOU did not report the accident to your insurance company. Pick up the phone and do it now. (Apologizing for a late report is not going to make things any better.) The sooner you get it reported the better. Even IF you had insurance for the date of loss - if you, by your actions, have prejudiced the carrier's ability to handle the claim.....Guess what? They can deny coverage. ooops. You don't want that so...get on the horn. Now.....when you said you got a letter saying he's taking you to court.......things really are NOT that simple as far as court is concerned. There are filings that have to be done, approvals that need signed, docket scheduling...... and certainly you know - public officials move slower than dirt. And that's just the court part. In a suit? Suit has to be filed, answered, interrogatories have to be served/answered, discovery has to be served, depositions.... Do ya really think someone wants to go through all that for a simple back injury? This close to the accident? Like I said - getting an attorney after you is a bullying technique. They want you to get scared. Hold your poise! No shaking in yer boots, ok ? Get it reported to your insurance company (keep your fingers crossed coverage will be in order) and let them sic their injury adjusters on the attorney. He will have to WORK for the money he is trying to rip off the other guy for. Ok, so.....you're calling your insurance company now, right? Good. It doesn't sound like you need an attorney right now. If you do - and your insurance is in order - your insurance company will provide a defense for you. Goodluck! ~jifr! Oh - and make a police report. Better late than never. (Btw - that is a requirement of your policy. Shhhhhhh)

How do you calculate how much a personal injury claim from a car accident should be?

Q) I was a passenger involved in an accident that was the other driver's fault. My arm was broken in an awkward place and my doc says it may not heal. He's ordered a bone growth stimulator to help the healing process but my care is far from being over. The doc also thinks I may have to go back to surgery in a year to remove the plates he put in. i'd be in a cast again for 6 weeks. My bills are already over 15k and I'm wondering if I can just go for the other person's limits so that I don't go into debt. I don't want to settle too soon but if there is a max that I can get anyway I would prefer to get this over with. Also, if my claim is higher than the other person's limits would the underinsured coverage from the driver of the vehicle I was in pay up to her limit?

A) First, if there was a magic formula to calculate someone's injury settlement 1) I would not have a job and 2) it would make my life easier. You can always ask for the policy limits, but they won't be released to you without 1) a signed release and 2) medical documentation showing the VALUE of your claim is at or above policy limits. If the limits are not enough to cover your damages...this is where it gets tricky.....it depends on 1) if your friend carries UIM coverage, 2) if you have an auto policy and 3) what the wording is on your friends policy & your policy. If your friend carries UIM coverage and the wording states UIM coverage is EXCESS to that of the injured parties insurance policy...then you have to go thru your auto policy first. IF the wording says PRO RATA, then your friend will only pay their share on a PRO RATA basis in conjunction with your auto policy. If you don't have an auto policy, none of this applies. Now, do you live in a state like CA where the UIM limits of your friends policy must be HIGHER than the Bi limits of the adverse in order for a UIM claim to exist? If the limits are lower than the BI limits of the adverse...there's no claim. TheUIM limits must be HIGHER than the BI limits in order for there to be a UIM claim. The key thing to remember is this: so long as the VALUE of your claim meets or exceeds the limits of the policy the limits should be tendered. If the VALUE does not meet or exceed the policy limits, they will not be tendered. Let's assume the limits are release....any UIM award is offset by the BI limits. So if the value of the claim is $100K, the UIM limit is $100, the BI limit is $50...there's only $50K possibly available to you. If your friend has Med Pay coverage, this will also offset your awad. So same example, but Med Pay coverage is $10K....now there's only $40K max you may receive.

Car Accident.Whats my personal injury claim worth?

Q) I was involed in a car accident on the freeway where i was at a stop in traffic and was hit from behind hard. My BMW was totalled and my medical bills came to $1,700 ( mainly Chiro ) Rental car bill came to $800. Im trying to figure out what is a good settlement. The adjust of the person at fault offered me a rediculous amount of $3,300. Any advice? Thnx

A) personal injury entitles you to your medical fees, pain and suffering (meaning any longstanding problems you continue to have... both psychological and physical), any time and work payments you've lost. You'd need a property claim to recover the car fees... but if you're settling, it's pretty understood that you'd want the car paid for to... so I'd include the car, towing fees, rental car. my advice: ask for a lot (because your negotiations are going to pull down your original request), get a lawyer, if the other guy's not cooperating, you and your lawyer should file a complaint... that's not hard, it's not expensive, and it will let the other guy know that you're serious and not going to settle for anything too low... and if you have to, you can carry on that lawsuit The $3300 is really stupid... even if your car was really old and has over 50,000 miles, it would be worth at least double that... and then you have your injuries and stuff too. Because of the trouble you've gone through, I'd say ask for double-triple the price of the car... then if you end up with at least the price of the car, you'd have a decent settlement... I know it wouldn't pay for everything, but your insurance would cover the rest. Also, you can get the insurance involved in your lawsuit... the insurance really doesn't want to have to pay anything either, so they'll be hard on the other guy too... and they'll probably already have some lawyers.

If a person was in a car accident and gets injured, do they have to file a personal injury claim right away?

Q) What is the time limit to file a claim on a personal injury caused by a car accident? Would it be possible to sue the person that caused the car accident after one year, even though at that time there was no police report, and the person's car that got hit did not file a personal injury report? What are the chances of winning if a lawsuit is filed after one year of the accident? Since California has a statue of limitation of two years, could this person file a lawsuit even though he did not file for the personal injury, but onlly for the damages done to his car? And can I sue him back for possible fraud?

A) If the statute of limitations is 2 years then the person has two years from the date of the accident to file a claim or law suit. After 2 years and 1 day - the statute has run. They way they preserve the statute is to get the suit filed -it does not have to be served on you with in the two years. Depending on the laws of your state, they may be able to file in the county where they live, you live or accident happened. Some states have large cities that are their own venue. It would be helpful if I knew which person you are. If you are the at fault driver - if the other person files a law suit contact your insurance company immediately. They will need to know when you got the papers and how you got them (process server or certified mail). They will hire an attorney to defend you - in accordance with your policy provisions. However they have a limited amount of time to get an answer on file and the clock starts to run when you get served. If you think the other driver is trying to serve you - don't doge it. Then they will just serve through publication and most likely you will not know when that happened and end up with a default verdict against you. The defense attorney the insurance company hires may think a counter suit is a good idea - sometimes the best defense is a good offense. That is something you would have to speak with him/her about.

car accident injury insurance coverage?

Q) my husband was in an accident with a drunk driver and 2 other vehicles a couple of nights ago. his neck was injured. he was slammed 3 times. he went to the er that night. tomorrow he is going to dr for follow up. (neck is worse by the way). my question is this- the drunk drivers ins accepted liability and is going to cover our van, rental car, as far as med bills they said we can either get a settlement from them directly from injury claim or we can go through our insurance (med pay?) and then our insurance can get their money back from the other company. any insurance agents or someone who has been through this that has advice? thanks in advance.

A) I don't know if you want to go this route, but you may want to contact a lawyer. I was in an accident about 2 months ago, and even tho the other guys insurance accepted liability, I had to get an attorney for the injury part. The ins people will do whatever they can to pay you the least amount possible, sometimes trying to pay less than your dr bills! And your ins company is still an ins company and will do the same thing probably. I really didn't want to have to go thru all this hassle, but once I realized the pain wasn't going away, I had to make sure I'll be covered in the end. And he will probably feel worse everyday for about a week! My pain just kept getting worse too. Good luck to you! Glad he is not too hurt! i wanted to add to this since its not closed, to tell you the latest, so you know what to expect. My car was totalled in the wreck, and the KBB value of it is at 3500. The ins called trying to offer me 1700!! Talking about thats what they have it worth!!! I'm still in shock. And this is from my insurance company! Like I said, they're just trying to get over anyway they can. I did refuse the offer. That's not even half what the car is worth! Oh, and my rental car time from insurance is up now, but I still have no check to get another car. Go figure. All bc some jacka$$ hit me!!!

How long after a car accident do you have to claim an injury? ( other persons fault)...?

Q) I was in a car accident ( rear ended ) on Wed afternoon and now i can hardly move my head my neck hurts so bad... it is now thursday night at 1:00 am.... does anyone know how i go about going to a Dr. and having their INS pay for it??

A) Go straight to the ER. Did you fill out papers with apolice officer at the time of the accident. Did you refuse to get checked at the time the accident? If so you may be out of luck. But still start the process and get a good lawyer.

How much can a person claim for personel injury in a car accident?

Q) Is it wise to get a lawyer or just let the insurance take care of it

A) It always depends on the facts. That said, a few years ago, I got side swiped and rolled my Honda CRX. The only serious injury was to my elbow. My medical bills were around $2000, and I settled with the insurance company for around $6000 plus $1500 for my car. I didn't use a lawyer because I knew what I was doing, and this was for small potatoes. If your situation involves large amounts or is more complicated, you should at least consult with a lawyer. Most will give a free consultation.

Can i call & ask for proof/evidence from the party suing me in small claims court over injury in car accident?

Q) 1 year after getting a few hundred dollars from my insurance company the othe party is now suing me in small claims court claiming they were injured and for pain & suffering. my insurance company already denied their medical bills claim. can i call the suing party and ask them to provide me with evidence of this injury ? like medical bills , x-rays, doctor reports etc ? am i legally allowed to do so and are they required to give me this evidence before court hearing ?

A) Yes you can.

I am 7 months pregnant and was recently in a car accident. Should I cash small injury check before baby born?

Q) I was in a car accident where the other party was at fault. I am 7 months pregnant. I have been to doctor and as far as we know everything is okay. The accident was minor. Other party's ins. is trying to settle, wanted to pay for the extra MD visit after accident and the representative said she would see about getting me a "little extra money for the injury claim". Her exact words. This was just mentioned today. The accident was two weeks ago. They had to total my vehicle and they would like to get it wrapped up. Should I settle before the baby is born to make sure everything is okay? I am getting advice not to but I don't want to seem like I'm trying to get alot of from them.

A) Dowhatever you feel comfortable with. I cant imagine that your child will be injured by the accident if you have not noticed the signs already. (usually an accident can cause someone to go into labor etc.) If it was minor and you feel like having a couple extra hundred bucks- go ahead and settle. But of course if for some reason you feel your child will be injured.. then wait.