How can I get the insurane company to settle and pay my medical bills, damage to my car, and pain/suffering after auto accident

UPDATED: Oct 1, 2022

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How can I get the insurane company to settle and pay my medical bills, damage to my car, and pain/suffering after auto accident

The at fault vehicle owner is from Indiana and I reside in Georgia. There insurance company will not talk to me about paying my car, medical or pain suffering, because they are unable to reach the vehicle owner. They are questioning if the insured has been living in Georgia and still maintain a Indiana Registration and address on their vehicle. What do I do to get the insurance company settle. The Indiana insured was issued a citation in Georgia and has since paid their citation.

Asked on January 4, 2018 under Accident Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the at-fault party's insurance carrier denies your claim or doesn't want to settle the case or you are dissatisfied with the settlement offers, your only recourse is to sue the at-fault party for negligence. You are the plaintiff. The at-fault party is the defendant. A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the accident occurred. For your convenience , you should file your lawsuit in GA where you reside.
Since you just started medical treatment, it would be premature to try to settle the case because you don't know your total medical bills, don't have your medical reports including your final medical report and don't know your total wage loss. Those items determine the amount of compensation you receive after being released by the doctor upon completion of your medical treatment or being 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. 
Compensation for the medical bills is straight reimbursement. The medical reports determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
Your property damage claim (cost of repairs to your car) is separate from your personal injury claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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