I have incured medical bills, ambulance and pain and suffering but my insurance is only settling for the total loss of my vehicle???

UPDATED: May 12, 2009

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I have incured medical bills, ambulance and pain and suffering but my insurance is only settling for the total loss of my vehicle???

I was involved in an accident(not my fault) five days after the accident my adjuster call it a total loss of my vehicle and has offer me a settlement that only involves the loss of the vehicle. I was taken to the hospital in an ambulance and was told to take 3 days off for the swelling and nerves to calm down. I have medical insurance but can I ask for the cost of medical bills, ambulance and pain and suffering. Why is my insurance only looking at the vehicle loss and not the rest. who is liable?

Asked on May 12, 2009 under Accident Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

YOUR insurance company will pay you the fair market value of the car IF you have collision insurance and the car was totalled. IF the other driver was at fault and had liability insurance the driver and his insurance company would be responsible to pay you for any loss of wages, medical bills and arguably pain and suffering. (Your company would only come back in if the driver lacked insurance or was under-insured, under another part of the policy called UM and UIM).

Other parties' insurance companies usually offer pain and suffering (beyond chump change) only if a lawyer is involved  on your behalf.

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