What can I do about injuries that I suffered when I was hit while driving my parent’s car?
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What can I do about injuries that I suffered when I was hit while driving my parent’s car?
My parent’s car was totaled. Her insurance company settled with my dad for costs of the car bit i have not received anything for my medical bills. I have had pretty consistant back pain since, and also had to take time off of work when the accident happened. I have the claim number and everything Im just unsure of what to do or ask for.
Asked on July 17, 2015 under Personal Injury, Kentucky
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The property damage settlement on the car is separate from your personal injury claim.
Notify the at-fault party's insurance company in writing that you will be filing a personal injury 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 treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your personal injury claim filed with the at-fault party's insurance carrier should include these items.
Compensation for the 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 at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party (registered owner of the vehicle and driver of the vehicle if the driver was someone other than the registered owner).
If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence 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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