Ask Me Help Desk - Can I sue an insurance co. after car accident?

Quote:

Originally Posted by odinn7

A while back I was hit by a careless driver. She totaled my car, broke my wrist, broke my knee cap. I was in the hospital for 5 days, had surgery on my knee to have the knee cap wired together. 8 months later, back into surgery to have the wire removed.

Here is how it worked for me....my insurance company went after their insurance company for hospital bills, lost wages, therapy, our car...all of that.

I had more to worry about though. The knee injury will be with me the rest of my life...it will never be the same. I can't kneel. I can't squat to lift something....it affected me in the line of work I was trained to do. I sued.

I hired a lawyer and sued the driver...what happens is that suing the driver is just how it's done. The driver isn't the one that pays it out though, it is their insurance company.

So....your car and hospital bills are taken care of by your insurance company who then goes after their insurance company for reimbursement. Beyond that, if you need or want more out of it, you have to hire your own lawyer and he will guide you on how to proceed.

Based on what you said though, I don't think I would be suing unless the injuries are more severe than what you describe.

Thank you this was very important. And I'm sorry about all of that, driving is no joke, some people just don't pay attention for some reason I don't know.

So what you're saying is not to sue and let my insurance do all the business? But let say if I ignore this and sue, what would happen?

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Here in Chicagoland a police report is written up at the scene and copies given to each driver immediately.

That is a preliminary report. Not a complete and comprehensive report.

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Originally Posted by Wondergirl

So you have talked with SF? (new information!)

Yes I spoke to SF. Yesterday they called and I had to answer questions while being recorded.

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Originally Posted by VMichaelC

So what you're saying is not to sue and let my insurance do all the business? But let say if I ignore this and sue, what would happen?

Your lawyer would stop you from suing because you haven't dealt with this through insurance first. You just don't go out there and sue.

You don't sue. Your insurance company sues. You will want to keep complete records of your medical bills and copies to SF. You submit everything to your insurance company. They will be the ones to negotiate the recovery of the vehicle as well as the pain and suffering.

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Originally Posted by VMichaelC

Yes I spoke to SF. Yesterday they called and I had to answer questions while being recorded.

Good. You have the adjustor's name and phone number? Call him and talk to him about the suing thing. odinn7 explained it nicely, apparently better than I have been trying to do.

Thanks guys this was all very important notes. This did happen a little more than 24 hours ago. I am going to the doctors tomorrow. So I'll just see what happens with insurance and after that.

Much appreciated. Thanks!

Quote:

Originally Posted by VMichaelC

So what you're saying is not to sue and let my insurance do all the business? But let say if I ignore this and sue, what would happen?

Ignore what?

Your insurance company takes care of all the needs... you only sue if you need personal injury settlement. In your case, I am saying that it doesn't sound like much really happened to you... of course, I can't judge that online. As far as your car and the doctor bills, the insurance company will take care of that.

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Originally Posted by Wondergirl

Good. You have the adjustor's name and phone number? Call him and talk to him about the suing thing. odinn7 explained it nicely, apparently better than I have been trying to do.

I have the number written down. After the doctors tomorrow I will speak to my parents and discuss the situation. Are there anything I should expect tomorrow or the next few days?

So far all I have done was placed a police report, went to the hospital and spoke to State Farm about the incident.

Quote:

Originally Posted by odinn7

Ignore what?

Your insurance company takes care of all the needs....you only sue if you need personal injury settlement. In your case, I am saying that it doesn't sound like much really happened to you....of course, I can't judge that online. As far as your car and the doctor bills, the insurance company will take care of that.

I apologize, I fully get the idea of how this works.

At this point I don't see that you have permanent or disabling disabilities. There is no need to consult a personal injury attorney, just from your accounts alone.

All you or your parents can do is keep in touch with SF and provide any and all documents they require.

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Originally Posted by VMichaelC

So far all I have done was placed a police report, went to the hospital and spoke to State Farm about the incident.

Feel free to call your adjuster (not the agent) who was assigned to your accident and ask questions. He may want you to draw a picture of the streets and traffic flow and which car did what, but maybe not -- he may have enough information. Just relax and let him handle this. And get your medical problems looked at and worked on.

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Originally Posted by Wondergirl

Feel free to call your adjuster (not the agent) who was assigned to your accident and ask questions. He may want you to draw a picture of the streets and traffic flow and which car did what, but maybe not -- he may have enough information. Just relax and let him handle this. And get your medical problems looked at and worked on.

will do, thanks for the advice and filling my head with knowledge about this situation.

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Originally Posted by VMichaelC

will do, thanks for the advice and filling my head with knowledge about this situation.

Let us know what happens. I have had SF since before the Grand Canyon was formed, and used to work for them, and I know you are in good hands!

Quote:

Originally Posted by Wondergirl

Let us know what happens. I have had SF since before the Grand Canyon was formed, and used to work for them, and I know you are in good hands!

will do I will bookmark this thread and reveal the information. Thanks

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Originally Posted by odinn7

....you only sue if you need personal injury settlement. ...

That's not quite accurate.

If the other driver's insurance company won't settle out-of-court for what you and your lawyers (provided by your insurance company) feel you have coming (including personal injury), then they would advise you to sue. The insurer-paid lawyers will still represent you if a lawsuit is needed.