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Kat |
Car accident?
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i was hit from behind while sitting at the light. the person tried to flee the scene and i filed a claim. my back hurt bad so i went to doctor and they gave me medicine and started me in physical therapy well now her insurance is calling me telling me they wont pay foy my medical bills because there was not enough damage for me to be hurt. im really confused they sent me a check for 600.00 i spent 300 alone out of pocket at the doctor. and the check is in my car peoples name who finance me. what do i do? i dont even think thats enough money to fix my car. and how fo i get my money back for medical expenses? i dont have pip on my insurance. but she hit me. someone please help. Additional Details the check came by mail i havent cashed it
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coofooman
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I understand that you are in the USA. fortunatly here in the UK things are slightly different and there are companys who dealin recovering loss through injery by a third party. I am not sure if such lawyers exist and if your claim is not susessfull you don't have to pay a penny and also if you do win your case NO money is taken out of the money awarded to you all costs are retreved from the other side. they fight for you. I reallly don't quite know how this can help you but it maybe possable for a UK lawyer to help in this matter. Good Luck.
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JSKingston
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I don't know what state you're in and the laws vary -- but you probably cannot go wrong with my advice here. I'm familiar with NY only. Insurance companies do what you are describing ALL THE TIME, which is both good and bad news. It is good news because it is just routine -- it is a game they play, which you can stop by getting to a personal injury lawyer, NOW. You usually won't have to pay a penny unless and until they get you money -- and even that usually means money above and beyond getting your medical bills paid.
I'll spare you the complex lecture here, but the bottom line is: 1) GET TO A LAWYER who specializes in personal injury, immediately and
2) If you haven't cashed that $600 check, DON'T. It is probably their weasel-like attempt to get you to take that as payment in full for damage to your car, or worse -- for everything.
It is very likely that you can get all of your medical bills paid right away, or at minimum continue to get treatment with your medical providers taking a "lien" instead of payment in hand, whereby they get paid once your lawyer pounds the other driver's insurance company into the ground.
Good luck and feel better!
ADDENDUM:
Don't fret over the apparently incompetent lawyer that failed you -- find another one -- you were HIT IN THE REAR, which almost always means the other car's insurnace HAS to pay. Sounds like your first lawyer just wanted to avoid the case because it isn't worth millions, since you're not dead or in a wheelchair. Sad to say, some lawyers do that. Shop your case around until you find a lawyer who will actually handle it, rather than drop the ball. You can contact your state's bar association for a referral.
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karenhar
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I hope that you didn't cash it. You don't have to accept what they offer, you just go to an attorney that deals with accidents and protecting your rights. It is the responsible party's duty to cover personal injury for you. If you still have the check, contact an attorney pronto!!
(Been there and done that).
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Just Me
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Don't worry about the lawyer who dropped you. There are numbers of lawyers in the yellow pages who would gladly take your case.
Sounds to me like an open & shut case, but I'm no lawyer.
As far as the check you didn't cash. DON'T
Show it to your next lawyer. He/She will advise you on what to do with it.
Keep up with the PT, don't stop if your therapist feels it is helping.
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Don W
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Personal Injury attorney.
Did you contact YOUR insurance company? They often help on your behalf.
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Porterhouse
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I agree that a personal injury attorney and a call to your insurance company is in order ASAP!! Too often insurance companies take our money and hope we really don't need their services.... why do we pay so much $$ to them then?? I would insist that they advocate for you and if they try to raise your premiums, start shopping for new insurance and keep the attorney.
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Boss
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dont do anything. just say that your innocent
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bigunit26050
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say that your innocent
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nanalynnminn
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Ooo prolly shouldnt have accepted that check. I was in an accident years ago, and the other insurance company sent me a $500 check, and on the paper that came with it, it basically said that if you accept and cash this check you cannot claim any further medical expenses. You have to show proof of your medical expenses to your insurance company and they are supposed to be taking care of this whole situation for you and settling your claim.
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CowboyBill
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Now, try telling us the WHOLE story...how much physical damage was done to your car? Did your FREE lawyer tell you to go to a doctor? Is your THERAPY with a real doctor or a chriopractor? If you have $300.00 worth of paint damage to your rear bumper then no insurance company in the world is going to pony-up for 'physical therapy'. If your scum-bag lawyer talked you into going to a chriopractor then you may be on the hook for all the expenses.
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bundysmom
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This is called a MIST claim and most reputable lawyers recognize these claims are always denied and NEVER win in a court room so they don't take the case or they drop the case when they see the damage to the cars involved. When the photos of the damage to both vehicles is blown up and shows minimal, if any damage to a jury....the jury says there's no way anyone could be injured and they rule against the person claiming to be hurt. There is much scientific evidence supporting this and you're fighting up an uphill battle.
As for the damage to your car, you'll have to send the check to your lienholder for them to sign it over to you for the repairs. This has nothing to do with any injury claim you may try to present....settling on the property damage doesn't impact an injury claim.
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