by Guest » Thu Dec 02, 2010 07:02 pm
:?
Facts
10/09 Head-on collision - other driver at fault
Both vehicles totaled
Recd payment for my vehicle - $24k
$23k in medical bills
My Injuries - broken right wrist, arm, bruised sternum, soft tissues injuries to neck and shoulder. Right handed
Personal Injury claim filed and I obtained an attorney
My info
46yr married diabetic no pre-existing conditions or fractures
5/10 my attorney submitted medical records and demand package
7/10 at fault insurance adjuster requested all medical records for last 5 years.
8/10 my attorney submitted signed release forms to at fault ins adjuster.
9/10 my attorney checked on status, at fault ins adjuster stating they were still missing some records 1 - from my OB/GYN and 1 - from my optometrist.
When I called the drs listed above I was told they never sent payment for the medical records so they just waiting for payment from the at fault ins adjuster.
Is this normal I can't help but get frustrated and feel they are trying to just drag this out. I have been patient and ran around getting medicals records from doctors that have nothing to do with the injuries I suffered from the car accident ie., eye doctor come on . What else should I expect from the at fault ins adjuster
Facts
10/09 Head-on collision - other driver at fault
Both vehicles totaled
Recd payment for my vehicle - $24k
$23k in medical bills
My Injuries - broken right wrist, arm, bruised sternum, soft tissues injuries to neck and shoulder. Right handed
Personal Injury claim filed and I obtained an attorney
My info
46yr married diabetic no pre-existing conditions or fractures
5/10 my attorney submitted medical records and demand package
7/10 at fault insurance adjuster requested all medical records for last 5 years.
8/10 my attorney submitted signed release forms to at fault ins adjuster.
9/10 my attorney checked on status, at fault ins adjuster stating they were still missing some records 1 - from my OB/GYN and 1 - from my optometrist.
When I called the drs listed above I was told they never sent payment for the medical records so they just waiting for payment from the at fault ins adjuster.
Is this normal I can't help but get frustrated and feel they are trying to just drag this out. I have been patient and ran around getting medicals records from doctors that have nothing to do with the injuries I suffered from the car accident ie., eye doctor come on . What else should I expect from the at fault ins adjuster
Posted: Fri Dec 31, 2010 04:48 pm Post Subject:
If we file a civil suit I was told (from this forum) with the at fault being elderly (74 yrs old) if he happened to pass away before the civil suit ended my suit would die.
Everyone is telling me I should sue Toyota since the vehicle the at fault driver was driving was part of the recall. It was verified by the VIN on Toyota's website.
Any input on that?
Posted: Fri Dec 31, 2010 05:47 pm Post Subject:
if he happened to pass away before the civil suit ended my suit would die.
That is generally correct. You could sue Toyota, but you would still want to sue the at-fault party in the same action. If you sue Toyota alone, and lose, then you have to start all over again with the at fault party.
But, more importantly, as I indicated above, Kentucky has a ONE YEAR statute of limitations, and you are past that point. Your attempt to sue Toyota now, if no action wad filed prior to October XX, 2010, will likely be tossed ("with prejudice" -- no right to sue again for the same cause of action) when Toyota's attorney asks for a dismissal due to failure to file within the prescribed time limit.
Posted: Sat Jan 01, 2011 07:11 am Post Subject:
you sure I was told it is 2 years
Posted: Sat Jan 01, 2011 07:14 am Post Subject:
corrections I just found the site aaagh. Oh well.
Posted: Sat Jan 01, 2011 07:20 am Post Subject:
Update...
I received a copy of demand letter my attorney sent to the at fault's insurance company. $52,500 exclusive of PIP. Hopefully his policy limit is 50k and not lower or higher.
Regarding suing Toyota, I did contact some lawyers that were currently in suit with Toyota ..Ohio and Northern KEntucky as well as my current lawyer all agreed I did not have a claim since I was not the owner of the vehicle?? Oh well I tried off and on since the accident but couldnt find anyone.
Posted: Mon Jan 03, 2011 06:09 am Post Subject:
Hopefully his policy limit is 50k and not lower or higher.
It would certainly be a good thing if his policy limits were higher, then the insurance company would be in a position to prevent a larger loss by settling for the lower amount.
Posted: Mon Jan 03, 2011 10:54 am Post Subject:
hmm didnt think of it that way good point again Max.
keeping my fingers crossed..
Posted: Sat Jan 08, 2011 09:13 pm Post Subject:
update...
I guess my claim will be going to court. The counteroff from our settlement offer of $52,500 the at fault insurance adjuster for AAA offer was $11,500 (exclusive of PIP) their original offer was $10,000 my medical bills were $26k.
What a joke? Wonder if the at fault policy limits are indeed $25k or if they are higher why so low on offer...my injuries are well documented (fracture to right dominant arm and wrist)
The adjuster as she requested has all of my medical records for the last five years from all doctors that treated me even my OB/GYN all showing no pre- existing conditions to my arm, wrist and shoulder.
My claim is against the insurance company now will it matter if the at fault driver dies between now and a court date? I have no intention in accepting their pitful settlement offer.
Posted: Sun Jan 09, 2011 05:39 am Post Subject:
My claim is against the insurance company now will it matter if the at fault driver dies between now and a court date? I have no intention in accepting their pitful settlement offer.
That's incorrect. Your claim is ONLY against the at fault party to the collision. If that party dies prior to the conclusion of the legal action -- if one has already been filed -- it will not have any bearing on the outcome of your case, because the damages you incurred due to that person's negligence were insured at the time.
The only way you would have a "claim" against an insurance company would be for breach of contract -- and in your case, the insurance company did not have a contract with you, so you have no "cause of action" against the insurance company. If your attorney files an action against the insurance company and not the at fault party, the case will be thrown out the first time it comes before the court for a hearing.
Posted: Sun Jan 09, 2011 05:58 am Post Subject:
There are 3 states (that I know of) that allow direction action against the insurance company. LA is one, for example (go figure).
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