Expert: Ron Cercone - 4/28/2009

Question
I was injured in a car accident in January 2009. I was taken to hospital and released with no broken bones. I have had back pain and headaches everyday. I have wanted to see a doctor since I am not healing on my own. However, the other parties insurer says that the money has run out. My bills so far are about $5700.00. So, I went to my insurer since I have $1,000.00 medpay. They told me I had to use the other insurer. When I called them back, they said I had to use my own. I called them again and they said my claim was closed and I had to go through the other party. I am so frustrated and confused and the stress is really starting to cripple me..Should I get a lawyer? The other parties insurer has called and left a message to settle my case for $5000.00, but I am not healed. I am almost ready to just get it over with and settle. My headaches that are 24/7 are whiplash side effects I am pretty sure and nothing else..but I read that they may persist even longer than a year..I think I should have read your site when this all happened and I would be better off..
Thank you
Sharon Gist

Answer
Hello Sharon,

For $19.95, why not see if the book at www.autoaccidentclaims.com may be of help, if you plan to handle it yourself?

If you have $5,700.00 in bills, your claim may be worth 15,000.00 to 25,000.00 under the right conditions? There are many other things to consider, like it's effect on your occupation and future earnings. You have nothing to lose by talking to a few lawyers. If a lawyer won't take your case where he applies his fee to the amount recovered "over" the $5,000.00 already offered you (or whatever you get the insurer to offer before hiring a lawyer) then don't hire the bum :).

Have you seen the other parties insurance policy declaration sheet policy limits in writing? And does the other party have assets beyond $5,000.00? Is $5,000.00 the minimum required liability insurance in your state? If so, its kind of low.

I don't know about your own insurer except get a new one after this? Sounds like they are stone walling you. Make them put their denial in writing. Read your own policy Med Pay provisions, it should be covered.

And find out the statute of limitations to file suit against the other party. If it runs out, then you get zero. A lawyer can file suit to protect the statute and continue the negotiation past the statute expiration date.