Expert: Richard Hixenbaugh - 11/14/2011

Question
I was driving and was hit by a person who change lanes and obviously didn't look.  I had problems getting information because he was Asian and acted as if he did not speak English.  I was hurting a bit because I grab the wheel on the impact.  I called the police and finally got the id and insurance card. The person who hit me signed an exclusion to the Insurance Co that insured the owner of the car and said they would not pay for any coverage.  However, I took pictures at the scene of the accident showing the cars in the lane and where it hit plus  there were two people and I did not know who was driving. There were 8 people listed on the exclusion for coverage; I assume because they all lived at the same address.  My insurance company safeco has a hefty uninsured/underinsured policy for me plus and umbrella of $1 million.  My medical bills are around  $55,000 and Safeco only paid for the ER which was around $1800. I was given a RX and told to see my Specialist.  However, before I could see my Specialist I got worst. I was in the hospital for 6 days in less than 2 weeks after the accident. I never got a release of care from my Specialist and my diagnosis was Rhabdo. (Crash injury#. Safeco is not doing any investigating to see if the other person was the owner of the car or not.  If he is the owner then his insurance company is liable under Cardozo Theory #knowingly creating a foreseeable zone of danger).  This is very frustrating to an intelligent person and to American citizens, that Insurance Companies can sell you sufficient coverage for your life style and protection, however you have to speak to another person who do not want to pay you for your coverage you paid for. Isn't this a PONZI SCHEME.  It seems that they want Attorneys involved to get the settlement which is reasonable.  SO isn't that a "kick-back".  They offer me $2,500 and I have over $55K in medical and tremendous discomfort.  I would go PRO SE (I did and a medical panel found an Indiana Surgeon guilty of negligence, however his attorneys continued for 11 years after the accident and I was not able to get damages)but I can't count on my health status. This sounds like fraud, smells like fraud, and probably most likely is fraud from Safeco. Why can't we get information that prove insurance company low ball insured in settlements offers and money settlement offers when attorneys are involved?  It will confirm fraud, ponzi, and discrimination.  I am will to do a class action, how about you.

Answer
HI Rosie,

I'm sorry for your situation.

Unfortunately, in your case, it does sound like you need an attorney. The at-fault persons insurance company needs to provide a letter stating that the driver of the car was not the insured and was excluded from the police. Then with that letter you can present a claim to your own insurance company for uninsured motorist coverage.

This can be a very complex process. It is my recommendation that you speak with an attorney as soon as possible to protect your rights.

It is unfortunate, but sometimes you must have an attorney to assist you.

I hope this helps
Richard Hixenbaugh