I was involved in a 4 car collision. The police came and filled out
a
report. This was around August 7, 2004.
Just briefly,
<-[car1] <-[ME] <-[car3] <-[car4]
Car1 and ME was stopped at a traffic light (for 20-30 seconds). Car3
hit ME and then car4 hit car3.
The police wrote it up as TWO separate accidents - Two reports. One
for Car1, ME, and Car3 and another for Car3 and Car4.
I only have liabilty on my car, so I am seeking damages from Car3's
insurance co. They have told me that they can't do anything until
they
get statements and photographs from all drivers - two of which (Car1
and Car4) are not cooperating.
My question is this: Assuming Car1 comes through and submits the
requested documents, am I required to wait for Car4 as well before
having the insurance co make good on my claim against their insured?
I
tried to get a copy of the police report for the second accident but
was not able to since I don't even appear on that report. Doesn't my
claim involve JUST Car1 an Car3?
The insurance company can require any documents they want, within
reason. And they can stall within reason. There is no law saying the
can require the photographs or that they can't. Whatever their
procedures are, they are. But you are not bound by their procedures.
If they take too long or don't offer enough, you will eventually have
to sue them.
Also, car3 and car4 are both insured by the same company and I a
second claim number was assigned to me from car4 (not sure why).
Last question (important):
I sustained some neck injury and was taken to the hospital in an
ambulance. That's it really...they concluded that it was just a
sprain
and now I'm fine. They hospital bills however where much more than I
can pay myself while I wait for the claim to be settled. So, I put
the
bills on my credit card (since I didn't want to hurt my credit
rating
by having the unpaid bill go to collection), and notified the
insurance co that I would back bill them for any interest that I had
to pay. They said that the bills are my responsibility and I have to
pay them until everything is resolved. My question is CAN I back
bill
them? Is that realistic? I don't actually have the cash to pay for
it
now. All I can do is pay the minimum until the claim is settled.
You are responsible for your medical bills. The insurance company is
responsible for paying you for all of your damages. Don't try to
relate every expense and element of damage to a yes or no answer about
the insurance company's obligation. Give them all the details about
the expenses, and when they finally settle, you will have money to pay
the bills. You can add interest, and they can deny interest, and it
will be settled either in court or in negotiations.
Btw, according to car3's insurance (who was found to be at fault by
police and according to his statement to police) he is now claiming
that he "doesn't know what happened" - regarding accident. :)
The best advice I can give you is let an attorney handle it.
Claimants almost always get more when an insurance company is dealing
with an attorney. If you try to do it alone, they will lie to you
about what is covered, and about their procedures. And claimants
almost always settle for less than they should as compensation for
their pain. That is the element of damages that will yield money to
pay the attorney's percentage. An attorney will handle it on a
contingency basis, and the net yield to you will be higher than if you
do it alone.
Don't delay. There is a statute of limitations involved. And when
your attorney is harassing them, or suing, they will quit stalling.
McGyver
