How to sue insurance company

Submitted by Anonymous (not verified) on Tue, 05/13/2008 - 04:57

I went to emergency room, and I was billed for 850.00 I did not have medical ins.

Posted: 12 May 2008 10:52 Post Subject:

feworn said:

I went to emergency room, and I was billed for 850.00 I did not have medical ins.



OK...what exactly do you mean, and also- this should have started on a new thread...

Can you clarify?

InsTeacher 8)

Posted: 13 May 2008 05:13 Post Subject:

Hi InsTeacher,

I believe the real question is put up there in the subject:
He'd simply like to know whether its possible for him to sue the car insurance co. at this juncture!
Any volunteers?
Plasmahectic

Posted: 13 May 2008 05:16 Post Subject:

I went to emergency room, and I was billed for 850.00


Dear..I'm sorry..but you can't sue the insurance co. unless you have enough reasons to show that they or their negligence was at-fault. I think you need to be a lil more descriptive over here. Blasphemy_07

Posted: 13 May 2008 11:02 Post Subject: insurance

Emergency room? Gosh..I'm sorry!! What happened that you ended up there? Whatever the reason ( to go to the Emergency Room) what did your vehicle insurance have to do with the 'misfortune'?

Posted: 13 May 2008 11:25 Post Subject:

can I sue my car insurance co. ? I went to emergency room, and I was billed for 850.00 I did not have medical ins.

You CAN sue anyone you want to...Do they owe payment of the ER bill? Maybe...why were you there was the accident your fault? Were you a passenger in another vehicle owned and ins. by someone else? Was another vehicle at fault? If your vehicle and your ins...do you have med pay or pip? Did an uninsured driver cause the accident? It all depends on the circumstances of the accident, and the coverages your policy has...If you want give us A LOT more information including your state and coverages, and I'm sure we will be able to help answer your question.

Posted: 14 May 2008 08:03 Post Subject:

Do you feel it was somehow the fault of your car insurance company that you did not have health insurance?

If you went to the emergency room as a result of an auto accident usually health insurance won't pay until any auto coverage available for the injuries is exhausted anyway.

Regardless of the particulars of the accident why would you sue your car insurance company? What you do is file a claim. That's why we buy insurance, so we don't have to sue anyone to be indemnified.

If the emergency room visit was not the result of an auto accident then your question makes about as much sense as the following:

I wrecked my car and the damages are $8500.00, I didn't have collision coverage, can I sue my health insurance company?

Posted: 15 May 2008 10:22 Post Subject:

Fishman,

I wrecked my car and the damages are $8500.00, I didn't have collision coverage, can I sue my health insurance company?



I just spit coffee all over the computer! :D :D :D :lol: :lol: :lol:

Posted: 20 May 2008 12:48 Post Subject:

Yes that was a really good one.

Posted: 20 May 2008 12:56 Post Subject: insurance

Did I read the FIRST post ( of this thread) incorrectly? Din't the post say they did NOT have Medical Insurance? How could you sue a 'health insurance company", when you did NOT have Health Insurance in the first place? LORI....how long did it take you to get ALL of the coffee out of your keyboard!? LOL :o

Posted: 20 May 2008 09:19 Post Subject:

LORI....how long did it take you to get ALL of the coffee out of your keyboard!? LOL

Some of it is still between the keys I think I'll have to get some dag-gum q-tips or something! :roll: :lol: :lol:

Posted: 21 May 2008 10:25 Post Subject:

I hate when that happens. Keyboards are such a pain to clean.

Posted: 21 May 2008 11:22 Post Subject: accident

Well...i was reading ( agin) the above thread. When someone gets car insurance, don't they have to SAY that they want 'collision coverage?' Isn't this the 'full coverage' part ( lack of a better word) of car insurance? I know if you have 'Liability', it doesn't include collision.

Posted: 21 May 2008 11:47 Post Subject:

The whole car insurance world leaves me wondering. Learning as I go.

Posted: 22 May 2008 11:17 Post Subject: car insurance

Know what ya mean..........."collision" this and "torque" that. How much do you want in "collision." How do you put a price on all of that?.....I mean, it can get crazy.

Posted: 22 May 2008 11:39 Post Subject:

Yes, you have buy collision and comp they are not required by any state, but all lein holders require them...Agents will ask you...and you don't buy an amount on these coverages, the amount is the ACV (actual cash value) of the vehicle, you do chose the deductible...

"torque" that

I think you maybe meant 'tort' some states require this decision....all states are different but it pretty much means you either retain or give up your right to sue the other party.

Posted: 03 Jun 2008 11:37 Post Subject:

I ofetn wonder why a person carrying insurance would for go full tort. I elarned this lesson a while back. Is there much of a price difference in insurance if you opt for full tort?

Posted: 04 Jun 2008 10:05 Post Subject:

Yes, as I understand it there is a HUGE difference in premium..

Posted: 04 Jun 2008 10:48 Post Subject:

After what I have been through I will never go without it again. Sometimes a person thinks just because they are a cautious driver nothing could happen to them. Most usually find out at one time or another accidents can happen to anyone. Just recently changed my own med coverage. Living and learning something new everyday...sometimes the hard way.

Posted: 27 Sep 2008 03:40 Post Subject:

Where the customer should ask all the questions, there are many times that they simply don't know what questions to ask.

A good insurance agent will explain every bit of your policy to you.

Also, you still haven't told us if the uncle had insurance - like someone said, no proof of insurance doesn't mean no insurance. Plus, even if the driver didn't have insurance but the uncle did, there is still insurance.

What else has your insurance company done besides send you a check?

Posted: 28 Sep 2008 06:24 Post Subject: hi

i think thats your fault that u didn't take the health insurance at time time of car insurance that most of the policy takers make a mistake.
it's just like keeping ontiment after burning.
nothing u can do i think so.

Posted: 29 Sep 2008 10:54 Post Subject:

Yes, I agree with him. There is no meaning in questioning the car insurance company. It is your fault, moreover I don't know what made you to take emergency room. For your health benifite go get a health insurance.

__________________

Posted: 29 Sep 2008 11:16 Post Subject:

hi kiran and simplosys, you both are right on the account that its was the fault of the policy holder not to carry health insurance for his benefits , however, its not true that he can't get any benefit from the auto policy. If its clear that the other driver was at-fault, he may receive compensation for his medical expenses from the other driver's insurer. Also if he has the PIP coverage, you can seek coverage under his auto coverage provider. I don't understand his necessity to sue the insurance company though.

Posted: 01 Oct 2008 11:07 Post Subject:

If you are from the State of PA and even if teh accident wasn't your fault your auto coverage has to pay the medical bills and when that runs out it goes against your own personal health insurance. Your health insurance can then turn around and ask the at fault party for reimbursement if you sue the other driver. It can get really expensive especially if you have serious injury.

Posted: 09 Dec 2009 09:58 Post Subject: Auto Ins.

I was in an accident, not my fault. Other person did not have ins. My insurance company offered very small amount. Although my car was 5 years old was in excellant shape with only 58,000. 2004 Grand Am. They sent me an amount based on what they said my car looked like and listed that it had been repainted, headliner torn, dashboard cracked, burn holes, tires no good. etc which not one of these is true. I work at a car dealership and they had seen my car, wanting to purchse it from me to resale as it was in such good shape.
I had just put new tires on (have receipt) and had it in at the dealership where I work for oil change where they said it was in good shape. The insurance company told me that they did not use dealers or kelly blue book to get a car value figure. They told me they used the Greensheet (newspaper where people sell things to get quick cash) They also did not look at my car for 10 days after the accident and it had been moved by them 3 different times to other locations. They also told me that the value of my car was based on the area where I live, but instead of using the cars from this area sent me another list (dealers this time) from every other llocation except where I live.The list of what they have tried to pull goes on and on but this is the basics. I have kept all documention and have had to pay someone to use their vehicle. I now want to sue for all damages and money I've spent
THANKS FOR ANY HELP SORRY THIS IS SO LONG

Posted: 10 Dec 2009 01:18 Post Subject:

Ok, well this statement

was in excellant shape

does not jibe with this statement

they said my car looked like and listed that it had been repainted, headliner torn, dashboard cracked, burn holes, tires no good. etc

These are really black and white items...

which not one of these is true.

It either has these condition problems or it does not...I can't imagine them saying, deducting value on these condition issues, and not being true...what possible reason would they have for that? You can bet they've taken multiple photos of this damage.

It's been my experience that people rarely pay very close attention to their vehicles and the vehicles condition until something happens...I've had people tell me the same thing..then I ask them to meet me at the car, I show them these condition issues..and half the time they act surprised, but usually they say things like, 'well those 20 cig. burns in the seats don't lower the value' Yes, I'm afraid it does...are you going to pay more or less for the same vehicle if the headliner is falling down or if it's fine? Of course the vehicle with the damaged headliner is worth less...

Ask them to send you the pictures of this unrepaired prior damage or better yet, meet them at your car..

I'm not familar with this 'green sheet' approach to determining a vehicles ACV. No carrier is going to use KBB, some use NADA..others have different computer programs (ie ccc etc). You need to verify they have your vehicle and it's options correct. Then verify the comps they've provided.

I think your first battle needs to be to get this prior damage off the evaluation if what you say is true, and these 'issues' are not on your vehicle..(i'm sorry I really find that hard to believe..if you're right and they aren't on the vehicle..be sure you have a copy of their prior damage estimate..because this is severe bad faith)

How or why would you vehicle have been moved three times?

What state are you in? Some states have statutes in their insurance regulations stating how an ACV must be determined..

Posted: 12 Aug 2010 05:49 Post Subject: accident

I was injuried in a car accident, i was the passenger. The car i was in was at fault. I had to be rush to the ER in a ambulance with lower back pain. My bill was 1500 dollars I dont have health insurance. I haven't been able to work cus of the injury, don't have enough money to go to the doctor. Can i sue?

Posted: 12 Aug 2010 08:08 Post Subject:

Before you "sue" anyone, have you filed a claim with the vehicle owner's insurance company? Until you've done that, and been denied, you cannot sue.

If the owner of the vehicle in which you were a passenger did not have any auto insurance, then you must first make a demand for payment from that person, then you can sue if the demand is not answered.

If you have incurred medical expenses and lost wages, that's what you may claim as damages. What is the diagnosis and prognosis for your injury? Are you going to be permanently disabled? Did the ER doctor take you off work (unlikely, normally they refer you to your own physician for that)? Did your physician take you off work? Or did you just decide on your own that you can't work?

If a physician has not taken you off work, and you simply decided not to work because you were "hurt", your lost wages may be water under the bridge -- that is, uncollectable.

Posted: 12 Aug 2010 08:10 Post Subject:

sure you can, after all it's America, land of the free, home of the brave, and we sue everybody!! But why would you need to? Have you not turned in a claim to the drivers insurance company? If not you need to...

Posted: 22 Aug 2010 02:23 Post Subject:

i was in a car wreck the other person hit me while i was on a red light turning left she was turning right however it was determine she was at fault her insurance company stop paying for my rental and my cal is not ready it is still in the shop what should i do rental company wants me to pay for the rental

Posted: 22 Aug 2010 02:46 Post Subject:

First, post in a new thread.

Second, call he adjuster and see if they will extend the rental. Happens all of the time... adjusters set certain time frames and they usually don't realize it's run out until someone brings it to their attention. They will probably just extend the rental time.

Posted: 02 Dec 2010 10:56 Post Subject: I want to sue my car insurance company

I cancelled the insurance on the 15th of October, on the 2nd of November they debited money on my bank account, wnen I ask them they came with vage explanation. mean while i was fighting with them they went to my bank account on the 15th of November again

Posted: 03 Dec 2010 05:45 Post Subject:

You've posted this twice now. Only here you don't ask any questions.

Posted: 21 Jan 2011 02:51 Post Subject: Car Accident

My car was hit my a driver that failed to yield the right of way. She did not stop at the scene, an had no DL. She was taken to jail. Her insurance company accepted responsibility. How every they are not able to get me into a rental. I am not able to get one because I am only 20 years old. what can I do?

Posted: 21 Jan 2011 02:56 Post Subject:

First, read my sig.

If a rental company won't rent you a vehicle because you are not 21, this is not the fault of the insurance company. The insurance owes you loss of use (not a rental car itself). They should still pay you an amount for each day your vehicle is not drivable.

Posted: 21 Jan 2011 03:02 Post Subject: Car accident

The insurance company only reimburses for a rental. However the rental company will only rent a car to me if the insurance company pays it.

I cant get to work with out a car, An the insurance company said they will not pay for lost wages. But there taking there time to come out an look at the damages even tho I know my car is totaled.

What should I do

Posted: 21 Jan 2011 03:29 Post Subject:

The insurance company is not obligated to obtain a rental car for you... only pay you for your loss of use. If the rental company won't rent you a vehicle, then that is on them.

A work around is to have a family member or good friend rent the vehicle. You then drive that person's car and pay for the rental expense.

Posted: 03 Mar 2011 02:48 Post Subject: car ins.accident totalled my car

accident was the other drivers fault and a claim has been filed. The driver wasn't insured but the owner of the vehicle was. my car was 1.5 months old and only had 1200 miles on it. ins. co. doesn't want to pay what owed on the car. What can i do?

Posted: 03 Mar 2011 04:05 Post Subject:

They don't owe your loan... they owe the value of your vehicle... which dropped about 20% when you drove it off the lot. You can do almost anything but it won't change this fact.

This is why people buy GAP ins.

Posted: 25 Sep 2013 05:36 Post Subject: Hit a deer

My husband hit a deer, one coming at us each way, one died!!

I think the trauma got to me. I got out of car went to walk, my leg gave out on me. When I went down I did something to my left side, feels like rib is cracked. Can I sue if I can would they drop me after?

Posted: 25 Sep 2013 07:40 Post Subject:

I think the trama got to me.

:lol:

Whom do you think you are going to sue? The deceased deer, the one who got away, or your husband?

I could be wrong, but my initial impression is that each of the deers is almost certainly uninsured, probably has little or no income or assets, and suing would be a waste of time and money because these elusive creatures are hard to serve, unless well-cooked.

However, your husband can be sued by the deceased deer's family (or a personal representative) for wrongful death. And possibly by the one who got away for the effects of PTSD. I'm sure the event was as traumatic for him/her as it might have been for you.

Unfortunately, you cannot sue your husband or anyone else for your PTSD, broken ribs, bruised knee, or any other form of "pain and suffering."

The most you might be able to get is PIP or Medical Payments. You don't have to sue for that, you simply file a claim with your insurance company if you have either of those forms of coverage added to your auto policy.

Posted: 25 Sep 2013 07:49 Post Subject: Just being a duh lol

Thank you I knew that was a stupid question but it hurts really bad I think it aggravated my ms.. thank u!

Posted: 25 Sep 2013 08:04 Post Subject:

it hurts really bad I think it aggravated my ms

I'm sure it does. Unfortunately, only your medical insurance can help with that.

Posted: 26 Sep 2013 03:51 Post Subject:

OMG That's funny.
It reminds me of the time I flew two of my clients up to the little Pine Mountain Lakes (CA) airport for breakfast and golf.

As we were landing, there must have been 15 or 20 rabbits on the runway and hitting one with my landing gear was pretty-much inevitable. Sure enough, as we touched down, there were two distinct thuds - I felt bad about poor Thumper but had to focus on keeping us headed in a safe direction.

After breakfast, one of my friends called his wife to let her know we'd made it alright. She'd obviously been worried about him flying up into the mountains in a small airplane.

As he chatted with his wife, my other friend and I stood there waiting for the shuttle and could only hear one side of the conversation. It sounded something like this:

"Yes, Honey, we made it up here fine. (Pause) No, no problems at all. (Pause) Yeah, it was a great flight - but we hit a rabbit. (Pause) No, on the ground...

Having both heard that at the same time, my other friend and I both looked at each other and fought the urge to come undone with laughter. We never followed up on that comment but the thought that our friend's wife may have thought we'd hit a rabbit in the air was one of the Mastercard moments.

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