Expert: Richard Hixenbaugh - 3/24/2009

Question
I had a auto policy for over 8 years and recently due to financial difficulties, that policy lapsed.  During the lapse, I was involved in an accident, 100% the other persons fault, their company has taken full responsibility.  I have neck, back, shoulder and hip pain, but all muscular and was released by a doctor.  I still feel I am entitled to pain & suffering as well as medical payments, and the other company, who I am also NOW insured with, is saying that I am not entitled to anything other than the car being fixed due to not having an active policy at the exact moment of the accident.  How is one related to the other? Please help.

Answer
Hi Julie,

It is not related at all. The claims adjuster who told you that is either an idiot or is just ignorant. You are not seeking payment through your own policy but from the policy of the person who was 100% at-fault. You should try calling and ask to speak to the adjusters supervisor who will hopefully have more on the ball.

If you still feel you are getting the run around, you should file a complaint with the state insurance commissioners office as well as seek the advice of an attorney.

I hope this helps
Richard Hixenbaugh