What do we do if we haven't heard back about charges from a car accident and we are owed damages?

Question

My son was in an accident earlier this month and the other driver was charged. The adjuster for the driver that was at fault called the claim in the same day against us. We just found out that this happened. We were told by them that we would get a phone call and we never did. Do we need to get legal advice? Our car has damages and my son does too.

Steven Fairlie · Answer

Yes.

Michael Yeksavich · Answer

Yes.

Jared Altman · Answer

Yes.

Gary Platt · Answer

I don't know what "the other driver was charged" means in this  case.  If  you filed a claim against the other driver's insurance company,  the company  should assign a claims adjustor to investigate the accident and that  person  should be in contact with you periodically, but not necessarily every   week.  You should also report the accident to your own insurance company,   especially if the other driver has made a claim against you for the same   accident.  If either vehicle suffers more than $500 in damage or if anyone  suffers  an injury, you MUST also report the matter to the DMV by obtaining an  SR-1  form from the DMV and filling in all the information and sending it to the   DMV within 30 days of the accident.

Charles E. Cartwright · Answer

If the insurance company is not responding, you should speak with an attorney.  Also, the adjuster for the insurance company is trying to pay you as little as they can get away with.  They will ask questions, and your responses may damage your ability to recover.  An attorney will provide the appropriate information without damaging your case.   Good luck.

Robert Lucky · Answer

Yes, you need to seek legal advice.

Ronald A. Steinberg · Answer

Hire a lawyer who is experienced in handling auto accident cases.  I am somewhat unclear as to your question, and so the lawyer who interviews you and your son would be able to ask the proper questions to get the necessary information.  The adjuster for the other party has no obligation to you or your son.  They can (and often do) lie, or at least provide vague or incomplete information.  If you have a lawyer, that person is legally obligated to protect you.  Don't rely on the other guy's adjuster or lawyer-get your own.  You have 3 years from the date of the accident (in Michigan) to sue the other driver/owner for the accident and for the injuries and damages sustained. All No Fault Benefits must be sought from your son's auto carrier promptly, because if any of those benefits are not paid by the one (1) year anniversary of the date of service, then his auto insurance will not have to pay.

Dennis P. Mikko · Answer

Assuming this is in Michigan, damages to the car would be handled by your insurance company.  Likewise, medical expenses would be handled by your son or your insuance company too.  You should speak with your agent and if this get you nowhere, consult with an attorney.

David Stoddard · Answer

Regarding the car damage, keep calling the adjuster until you get it settled.  Property damages is usually easily ascertainable.  It is either the cost to repair your car, or the market value of your car if it is totaled. You may also be entitled to the cost of a rental vehicle until the insurance company settles. You son's injury case is not as easy to settle or ascertain what Is a fair settlement.  You are entitled to have his medical bills paid. Beyond that, you are entitled to something for his pain and suffering.  This is subjective and difficult to put a dollar amount on.  It depends on how severe his suffering is and how long.  If his injury resolves in weeks or months,  you can probably settle it yourself for the medical bills plus a little extra ( $500 to $2,500 depending on the severe and how long).  If the injury is permanent, you should retain an attorney.  Also, you should know, the insurance company will not pay medical bills as they are incurred, but will settle the whole injury claim at one time, including medical bills and pain and suffering. You should not attempt to settle until your son has finished all medical treatment.  The company will settle property damage to the car separately.

David Hibbert · Answer

Yes, you need competent legal advice. It is not likely that the opposing insurance company care much about your claim if you are waiting for them to "do the right thing." Insurance company adjusters are trained professionals, trained to save the company money and get them out of the claim for a little as possible.

Clayton Lockhart · Answer

I would advise to seek an attorney as it appears as though the insurance company is going to be giving you the run around because they think you're unfamiliar with the laws.  Even if you were to deal with them yourself, they will try to get you to let them off the hook for as little money as they can get you to agree to and they are under no obligations to tell you all the money that you would be entitled to receive for the damages that your car and your son received.  Hire a lawyer that is used to dealing with insurance companies and let the lawyer go to work for you.

Leonard Schwartz · Answer

You probably do not need any more legal advice than this. You should be calling the insurance company to find out how to get paid. You need a claim number. If they give you a run around or deny the claim get a copy of the police report and contact a lawyer.

David Craig · Answer

You should consult with an attorney as soon as possible.  Most injury attorneys do not charge you for an initial consultation.  So there is absolutely no reason not to sit down with an attorney experienced in handling these type of cases.

Timothy Klisz · Answer

Absolutely!  Never trust an insurance company to do anything, especially if they are not your company.

Robert Bruzzi · Answer

You should never rely on the other side's adjuster looking out for your (or in this case, your son's) best interests. Having your own attorney to represent your son is your best option when injuries are involved and it was not his fault.

Gregory Crain · Answer

File a claim against the other person's insurance.

Douglas Johnson · Answer

Call an attorney.  This is stupid.  That's what attorneys do prevent you from getting jacked around by insurance companies.  and Get your son to a Doctor if he has injuries.

Paul Whitfield · Answer

Many insurance companies fail to call you or return calls. A lot of folks just give up in frustration and walk away empty handed. If you have a genuine injury see a PI lawyer. don't let the insurance company ignore you.

Michael Heilmann · Answer

You are wasting your time waiting for an adjuster who is trained to deny claims. You need to hire a lawyer if your son s damages merit suit.

Kevin Kuhn · Answer

The first step is for you to call the other driver's insurer and ask them whether they plan on fixing your car. You do not need to wait for them to call you.

Matthew Frisby · Answer

It is probably in your best interest to have an attorney. Personal injury and property damages cases can be difficult to manage and often times there is more to it than just settling the case.

Jeffrey Lapin · Answer

You should contact the at-fault driver's insurance company yourself rather than waiting for them to contact you. Ask about the money for the damage to your car. Depending on your son's age, if he is a minor you can pursue the case on his behalf.  If, after talking to the insurance company, they do not start working to resolving the claim involving the damage to your vehicle, you may want to consider talking to an attorney. Insurance companies usually handle claims for quickly when an attorney is involved. As to your son's claim, you (or he if he is an adult) should not consider settling his case until he either is fully healed or reaches "medical maximum improvement," which basically means he has recovered as much as he can from his injuries.

David Carlile · Answer

If the other driver was found at fault for causing the accident by the investigating officer, then you have a good case and should seek out an attorney to protect your rights.

Paul Samakow · Answer

You should get the identity of the other person's insurance company   and call them yourself.

Steven A. Schwartz · Answer

I can't tell you whether you need legal advice at this point, but it never hurts to call an experienced car accident attorney for a free consultation.  At a minimum, you can call the insurance company yourself to find out the status of the claim, but DO NOT give any statements or volunteer any information at that time.

Rodney Smith · Answer

Yes, you should get an attorney to help with the claim since the insurance company is not cooperating.

Phong Thanh Tran · Answer

You should contact your own insurance company for more information concerning the claim against you.  Have you filed a claim against the other driver's insurance policy yet?  If you haven't you should hire a personal injury attorney immediately.

Stuart Nachbar · Answer

First of all, you should contact the offenders insurance company to get status. Second, you can see if the Municipal Court that has the charges has disposed of the case and how. Third, you can file a lawsuit for the injuries.

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What do we do if we haven't heard back about charges from a car accident and we are owed damages?

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