What expenses should I be compensated for regarding a car accident?
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What expenses should I be compensated for regarding a car accident?
I was traveling on the highway and my direction had 2 lanes; 1 lane was coned off. They were cutting trees down off of the bluff. There were no flaggers just the cones blocking the right lane off. As I was approaching I saw a tree falling. By the time I came to a stop the tree had landed in front of me and busted the front grill guard and caused dent to the left front quarter panel. I got 2 estimates and along with an incident report gave them to the crew chief. The accident happened about 2 1/2 months ago. I just recently received a letter from the company stating that they will only pay for the vehicle repair; they are not willing to pay the medical bills, doctor’s visit, hospital , X-rays nor will they pay for a rental. Can they refuse to pay for these expenses? And do I have to accept their offer to fix the vehicle only?
Asked on March 30, 2016 under Accident Law, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your personal injury claim is separate from your property damage claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and if applicable, documentation of any wage loss. Your personal injury claim filed with the company's insurance carrier should include those items. Compensation for all medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the company's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the company's insurance carrier, reject the settlement offers and file a lawsuit against the company for negligence.
As for the property damage offer, you can reject it if you are dissatisfied since they are not paying for the rental.
If the case is NOT settled with the insurance carrier, your lawsuit for negligence against the company must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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