QUESTION

What would be our legal action to ask compensation for our injuries against the person at fault?

Asked on Sep 28th, 2013 on Automobile Accidents - California
More details to this question:
During a road trip we got hit from behind and we weren't at fault. Though no blood injuries, both I and my wife are suffering from severe Neck and back pain post the incident. We are planning to go to hospital for a thorough medical examination and would like to know how to get these medical bills passed to the Person at fault.
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10 ANSWERS

Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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In Michigan it is your own car insurer that pays for accident related medical testing/treatment. This is the case even if the crash is not your fault.
Answered on Oct 08th, 2013 at 3:05 AM

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Ronald A. Steinberg
Was a police report filed? Under Michigan law, the medical stuff would be paid by your own auto insurance. Otherwise, you merely sue the other party. However, you will have to sue in the state where the accident occurred.
Answered on Oct 01st, 2013 at 9:04 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You are trying to create something. And you are making a mistake. if you were really hurt you would have gone to the ER or to your doctor immediately. Now you after sitting back planning how to make a claim. You will find the insurance co wont buy it. if there is a lag time between the collision and the doctoring they will almost always deny the claim or offer just a pittance.
Answered on Oct 01st, 2013 at 3:01 AM

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James Eugene Hasser
You won't be able to get the at fault driver's insurance company to pay your bills as you go along. If and when they pay you, they will be looking for a release and you can't do that until you get healed up and you know if you have permanent injuries. You will have to put your bills on your medical insurance. Your medical insurance company will want to get their money back out of any settlement or judgment you may get, though. If it looks like your injuries are permanent, consider consulting an experienced personal injury lawyer.
Answered on Oct 01st, 2013 at 2:55 AM

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Edwin K. Niles
You should be in touch with the other driver's insurance. You are entitled to be paid for all your out-of-pocket expenses, as well as compensation for your pain and suffering. You will find that the insurance company will try everything to take advantage of you, so our best advice is to see a lawyer who specializes in personal injury ASAP.
Answered on Oct 01st, 2013 at 2:51 AM

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You need to retain counsel. You need counsel to ensure you obtain maximum recovery and file the appropriate documents at the appropriate time. Without that expertise, you won't obtain the most you could. Period. If you have a good attorney, he or she will work hard to make sure the insurance company feels pressured to settle in your favor as soon as possible. Fighting with an insurance company generally exacerbates things. Exceptional personal injury attorneys know to prove their case to the insurance company up front so there is little question of who wins. In regard to how much you can expect - that depends. The minimum policy limit in Georgia is $25,000 liability. This is from the at-fault driver. You need an attorney to properly navigate your case and get maximum recovery, otherwise you wouldn't know to look at you UM coverage, etc. Generally, attorneys take 25-45% of the recovery, depending on how much work goes into a case. For example, an attorney who puts in little to no effort and secures your settlement promptly, will likely charge 25-33%. However, an attorney who ends up having to go to trial for your case, will likely have to charge more to cover his or her costs. I strongly encourage you to consult an attorney.
Answered on Sep 30th, 2013 at 1:15 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Need to contact the at fault persons insurance company. Hopefully, you exchanged that information at the scene or there is a traffic collision report which would reference the identity of the insurance carrier for the at fault person. Contact them and at least get a claim started, but you are not in any position to resolve the claim until you have reached pre accident status. Once you have accomplished that then you need to get copies of all medical records and billings and make a demand to the carrier to settle. Remember this is you only bite at the apple b/c once you release the at fault party, whether you discover a new injury that you were unaware of it is too late. So make sure you and your wife have treated and returned to pre accident status.
Answered on Sep 30th, 2013 at 1:14 PM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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You should get a copy of the police report and their insurance information should be there.
Answered on Sep 30th, 2013 at 1:13 PM

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Sorry you were injured. ?The bills will come in your name, but you are correct the ultimate payor should be the responsible party, or his/her carrier if a settlement can be reached. You need to first and foremost take care of yourselves. Then contact an attorney who can represent your interests against the responsible party and his carrier, if there i an insurance carrier. ?Your counsel can also assist you in exploring what coverage you may possess which can aid in paying for your injuries, your pain and your vehicle. If your injuries have occurred in Oklahoma, or if you reside here, you are welcome to contact me if you so desire.?
Answered on Sep 30th, 2013 at 1:12 PM

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It is unlikely that you will be able to get the person at fault to directly pay for your hospital visit, unless he or she agrees to do so. Instead, you will most likely have to sue to recover for the costs from the person and/or his insurance company. You should seek medical attention as soon as possible as it will prevent opposition from arguing that your injuries are not related and/or that your own failure to seek medical attention caused them to worsen.
Answered on Sep 30th, 2013 at 1:12 PM

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