QUESTION

What is my best option to get compensation after an accident with an uninsured motorist?

Asked on Nov 06th, 2013 on Automobile Accidents - California
More details to this question:
I was hit and injured by an uninsured motorist driving home from work. My work required that I work a longer shift that day. My AAA uninsured motorist policy max is $60,000. The cost to repair my car topped $10,000. I was transported by ambulance to ER and have had doctor visits, Rxs, and P.T. & OTC med purchases. I have been submitting my receipts to claims person at AAA who wants to take a recorded statement from me via phone. Considering the low max policy level, is it worth me speaking with an attorney prior to giving a recorded statement? What is the best course to receive compensation for pain and suffering? Due to the time off and restrictions of work, I have been marginalized and am treated differently at work. This is extremely frustrating and the anxiety has affected my home life. Your expert advice would greatly be appreciated. Thank you.
Report Abuse

8 ANSWERS

Edwin K. Niles
You don't give much info about your injuries. If they are serious, and your bills are high, you can ask for the policy limit of $60,000. However, you might look into the other driver's assets; maybe he can kick in some more. If that is a possibility, don't sign a release until you get him or her on board. You can give a statement, as you owe a duty of cooperation to your co. However, before doing so, try to imagine what the o.d. said in his statement. Is it going to be a case of disputed fault? If so, maybe you need a lawyer.
Answered on Nov 12th, 2013 at 4:35 PM

Report Abuse
Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
Update Your Profile
In Michigan you collect your property/collision damage from your own insurer under your collision coverage. You collect your wage loss, medical expenses and replacement services from your insurer under the PIP coverage. If you can prove you suffered a serious impairment of a body function with competent medical evidence, and show how same has effected your ability to lead your normal life, you can collect pain & suffering money from your UM coverage. Typically it is best to have a lawyer help you craft the proofs necessary to show your threshold injuries. Typically it is best to consult with a lawyer before giving a recorded statement to your insurer. If you prefer to go forward on your own, it is best to tell the truth, rather than embellish, as AAA will get all the records of medical treatment and compare what they say to what you say. You may want to speak to your treating doctor about what the future will hold for your ability to work, recreate, etc. as his/her input will be crucial to whether you can prove threshold injuries.
Answered on Nov 12th, 2013 at 4:34 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Get you a lawyer to advise about the value of your claim and how to show it.your emotions about the matter will get you nothing.
Answered on Nov 12th, 2013 at 4:34 PM

Report Abuse
James Eugene Hasser
If you have more than one vehicle you may be able to stack coverages. However, if I were you, before I talked to a lawyer or gave a statement or signed any paperwork, I would read my book on accident law. Good luck.
Answered on Nov 12th, 2013 at 4:33 PM

Report Abuse
Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
Update Your Profile
If there is no other policy and the at fault party does not have assets, then your UM policy is all there is to collect.
Answered on Nov 08th, 2013 at 12:05 PM

Report Abuse
Personal Injury Attorney serving Milwaukee, WI
1 Award
I think you should hire a personal injury lawyer to represent you in your case. Otherwise, AAA will do everything it can to avoid paying you what you deserve. A good lawyer will be your best means to obtain a fair settlement.
Answered on Nov 08th, 2013 at 12:04 PM

Report Abuse
Insurance companies, yours included, have their own best interests in mind, and are looking for every possible way to get out of paying what they rightfully owe, so speak with an attorney before you give your insurance company or the other person's insurance company any more information.
Answered on Nov 08th, 2013 at 12:04 PM

Report Abuse
Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
Update Your Profile
It depends. Usually it is a 30/60 policy.That means insurance company is obligated to pay you max $30,000 if you can prove that case value. If you had a $60,000 policy you can collect the maximum. If you are capable of dealing with the insurance company you can deal it yourself. It depends on various factors and if they will drag their feet on it. Since you are in a first party situation( instead of making a third party clam against a third party 's insurance) there are better chances that the insurance may settle with you if you show that you did sustain serious injuries. Finally, you must be aware. Of the 2 year statute of limitations when dealing with the insurance company. You will be obligated to give a statement since most policies will require you to cooperate in first party claims under your own policy. However, you are free meat for the raccoon ( I mean the insurance company ) when you are not defended by an attorney and they will ask you questions to box you in your testimony. So be careful.
Answered on Nov 07th, 2013 at 11:03 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters