what can i do about the insurance company

UPDATED: Jun 10, 2009

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what can i do about the insurance company

I was in a accident and it was not my fault the other insurance company wont pay.I had to turn it into my insurance company.I was injured and I can’t get the treatment I need payed for.I don’t want to sue my own insurance company.Now my rates are going to go up and this wasn’t my fault.I am out of a car and hurting and neither one wants to settle what do I do?

Asked on June 10, 2009 under Accident Law, Indiana


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

Answered 13 years ago | Contributor

If you carry collision coverage, your own insurance should take care of your car and then subrogate against (or legally demand the money back from) the insurance company for the at-fault driver.  If you were not at fault, the accident should not be counted against you for rating purposes.  If you carry Medical Payments coverage on your policy, your medical bills should be covered up to your policy limits.  Again, your company can subrogate and get their money back if you were not at fault.  I don't understand why your own insurer won't pay, unless you have no collision or med pay coverage.  If that is the case, then your claim is with the at-fault driver's insurer and you may need to hire a lawyer if they are not responding to you.  The adjuster should have phoned you to get your statement about the facts of the accident and asked for your medical info.  If they haven't speak to a personal injury attorney in your area for assistance.

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 AttorneyPages.com 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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