Ask Me Help Desk - Do I have a claim?

Do I have a claim?

I was in an auto accident and was injured. I was knocked unconscious and didn't know who was at fault for the accident. My insurance company was good at helping me in the beginning, my car was totaled out and they promptly sent me a check. This entire time I thought I was covered for everything, so when I called the insurance company about my injuries they told me that I wasn't covered and since I was at fault for the accident, I didn't have a claim. I honestly don't know what happened to cause the accident, but I didn't think that I caused it. I've been driving since I was age 11 and never had been in an accident. I have a clean driving record. To make a long story short, I was wondering if I should get a lawyer to file a claim against my insurance company, because I added all this extra coverage to my plan and I'm thinking I'm covered, but they are telling me I'm not. In that case I could have just kept the liability coverage!! :mad: :mad: :mad: :rolleyes:

Hello r:

Before I hired anybody, I'd read my policy to see what kind of coverage I had, and then I'd read the police report to see if I was at fault. I'd also look in my pocket and see it there is a traffic citation in there.

After reading those two documents, I'd have a better undersanding of what I should do next.

excon

Quote:

Originally Posted by rdent05

I was in an auto accident and was injured. I was knocked unconscious and didn't know who was at fault for the accident. My insurance company was good at helping me in the beginning, my car was totaled out and they promptly sent me a check. This entire time I thought I was covered for everything, so when I called the insurance company about my injuries they told me that I wasn't covered and since I was at fault for the accident, I didn't have a claim. I honestly don't know what happened to cause the accident, but I didn't think that I caused it. I've been driving since I was age 11 and never had been in an accident. I have a clean driving record. To make a long story short, I was wondering if I should get a lawyer to file a claim against my insurance company, because I added all this extra coverage to my plan and I'm thinking I'm covered, but they are telling me I'm not. In that case I could have just kept the liability coverage!!! :mad: :mad: :mad: :rolleyes:

What State are you in?

Unfortunately, the fact that you don't remember but have been driving since age 11 (what State is this?) and never had an accident before, have a clean record, has little bearing on this particular accident.

Your policy should answer your question - you either are or are not insured. Keep in mind that the Police are after-the-fact witnesses, they did (in 99% of all cases) NOT see the accident and are not eye witness - how did the insurance company come to the conclusion that you were at fault? Eye witnesses? If it's your statements vs the other driver's or, more importantly, if you were taken from the scene by rescue vehicle and the Police only talked to the other driver, you have a very good chance of upsetting the "you are at fault" position of your insurance company.

I see Police Reports all the time that have one driver 100% at fault - then the accident is investigated and it's determined that the Police talked to one driver and believed him/her 100%, never talked to the second driver at all.

And, sure, run the situation past an Attorney - it's a contingent case anyway (they get paid only if you get "paid," aside from disbursements) - and see what he/she thinks.

Hmm, you owe the IRS $4500 for mistakes on your 2005 return. You have a judgement against you where you never received a summons for a service you never used. You were in an auto accident where you were knocked unconscious, your car was totaled and now the insurance company is claiming you aren't covered.

I suggest you find an attorney and put him on retainer!

Quote:

Originally Posted by ScottGem

I suggest you find an attorney and put him on retainer!

Hello Scott & you too r:

Scott - you crack me up.

R - I've been a disaster too. Ain't no biggie. You've come to the right place.

excon

Quote:

Originally Posted by ScottGem

Hmm, you owe the IRS $4500 for mistakes on your 2005 return. You have a judgement against you where you never received a summons for a service you never used. You were in an auto accident where you were knocked unconscious, your car was totaled and now the insurance company is claiming you aren't covered.

I suggest you find an attorney and put him on retainer!

Yeah!! I just don't know?? I'm just trying to keep my head above water. I really appreciate you and the other members that have replied. This site has people who are honestly concerned and willing to help. Thanks
Just today:
^I've contacted a lawyer that's agreed to take on my case against the insurance company.
^I've set-up a payment plan with the IRS (I found the 800 online) and I can also make payments online through www.pay1040.com.
^As for the judgment I was served on Easter Sunday and I replied to the court on that Monday. I was informed that I was just giving a statement and would receive notice in mail (for what I didn't understand, and still don't) Never had to deal with the court system and didn't know that I should have gotten a lawyer to protect me. I may see if I can appeal.

Quote:

Originally Posted by rdent05

^As for the judgment I was served on Easter Sunday and I replied to the court on that Monday. I was informed that I was just giving a statement and would receive notice in mail (for what I didn't understand, and still don't) Never had to deal with the court system and didn't know that I should have gotten a lawyer to protect me. I may see if I can appeal.

I would look into your State law - I thought service on Sunday is not legal service in "most" States.

Quote:

Originally Posted by JudyKayTee

I would look into your State law - I thought service on Sunday is not legal service in "most" States.

Yes, I remember the date well, because I thought that it was so sad to have been served on a Holiday!! EASTER at that:mad:

Rdent,

I don't want you to think I was making fun of you, maybe just ribbing you a little. But it looks like you are getting things on track. If you were served on Easter Sunday for a Monday court appearance that probably will not hold up. So file the motion to vacate.

This is part of the problem, if you are the owner and driver of the car, the only way you would be covered for your own medcial bills, is if you had Medical Payment coverage, you can't sue your own insurance under liablity.
So what about the other driver, you would have to sue the other driver for payment, not your insurance company.

Even if it was not your fault, you could stlil only get paid under the med pay on your policy. But would get money from the other driver under his liablity insurance

Insurance companies don't like to pay and will dream up any excuse including it's Tuesday not to pay.

Essentially this is a case where you will have to sue the insurance company for your medical bills. Your insurance company did their part by giving you a check for your totalled vehicle and thought they could happily skate away for the rest. This is exactly why we have lawyers. Attorneys will never want for work if we have insurance companies - it's called built in job insurance.