Expert: Richard Hixenbaugh - 9/28/2010

Question
Hello, my question is I got rear ended by a vehicle a month ago. We both
have the same insurance company, and his adjustor and him have
accepted fault. Now I was at work when this accident happen. I just
returned to work 6 weeks prior due to two previous back surgeries. Now
my condition had improved for me to return to work after missing 5
months with no limitations. Now I have been out for a month and this
accident has caused reaggravation to my previous back situation. The
questions that I have is, do I have a right to the at fault drivers policy
limits for pain and suffering even if my bills don't equal their limits and if
my medical bills exceed their limits can I put a claim agains my own policy  
? And I have a florida policy and the accident happened in Maryland.
Thanks for your time and prompt response. I have not hired an attorney
and don't know if I should since it's the same insurance company.

Answer
Hi Nell,

The same insurance company does not matter. If you feel you are not being treated fairly, speak to an attorney.

You are due compensation, however there is no way for me to know how much. You are not automatically entitled to policy limits. You must prove to the adjuster what you claim is worth. The is done through a combination of medical bills, lost wages and pain & suffering.

Considering that this is a re-injury, you should likely speak to an attorney who can evaluate the entire situation.

I hope this helps
Richard Hixenbaugh