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cyndid

Car accident other person insurance

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On 11/21 I was rear ended by a teenager doing between 45-55 mph (I was at a stand still awaiting the ability to turn into my neighborhood-my blinker was on and witness testified to this on the police report). It was totally her fault and it has probably totaled my car. Whats worse is as of yesterday the family hasn't even contacted their insurance to accept liability for the wreck. I went to ER the same night and of course my neck-back-head-hips and leg is hurting. I realize it was a holiday weekend-however I have still been unable to get a rental car (luckily a friend loaned me a spare car) even tho I filed the claim on Friday morning -until the other family calls or returns calls-the claim is at a stand still. I do not have medical insurance and my car insurance company says I have medical coverage on my auto insurance however if I use it they cannot collect from the other insurance. I am in pain and cannot get a doc or chiro to see me unless I pay out of pocket. I do not want to get a lawyer but it seems I am not going to get the medical I need unless I do. The day of the wreck -the mother of the teenager that hit me mentioned that her daughter (the driver of the car) has epilepsy and this is why I believe they are not returning calls to their insurance. What are my options? Yes I have talked to their insurance company and they have left them a message but still at a stand still. Thoughts? Suggestions?

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My suggestion is that you seek legal counsel.  An attorney can help you with any claim you have against the other driver and any benefits you have available through your own insurance company.  Otherwise, you will have to rely on your own instincts or the advice given to you by friends/family/strangers which may or may not be accurate.  You should review your own insurance policy to see what it says about health insurance coverage and claims against other drivers so that you are more knowledgeable about it.

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I'd be very surprised if their insurance company told you the details of their contact with the other party. The other party does not have to accept liability; that is determined by the IC. Getting anything done on a holiday weekend is difficult. Getting a compensability decision this fast is extremely unlikely.

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2 hours ago, cyndid said:

Whats worse is as of yesterday the family hasn't even contacted their insurance to accept liability for the wreck.

 

not sure what you mean by "the family," but a "family" is not a legal entity that can have or accept liability.  The only persons potentially liable are the two drivers involved.  Certainly, the insured should contact her insurer to report and discuss the accident.  However, it wouldn't surprise me in the slightest if this high speed collision resulted in the other driver being hospitalized.  Since it is now only the second business day after the accident occurred, this is hardly surprising.

 

 

2 hours ago, cyndid said:

I have still been unable to get a rental car (luckily a friend loaned me a spare car) even tho I filed the claim on Friday morning -until the other family calls or returns calls-the claim is at a stand still.

 

You're free to rent a car any time you like.  If the other driver's insurer ultimately determines that its insured was at fault, you will be reimbursed for the reasonable cost of a rental car.  Of course, if you have rental car coverage on your own policy (which you should because it costs next to nothing), this won't be an issue.

 

 

2 hours ago, cyndid said:

my car insurance company says I have medical coverage on my auto insurance however if I use it they cannot collect from the other insurance.

 

That doesn't make any sense.

 

 

2 hours ago, cyndid said:

I am in pain and cannot get a doc or chiro to see me unless I pay out of pocket. I do not want to get a lawyer but it seems I am not going to get the medical I need unless I do.

 

A lawyer isn't going to provide you with medical treatment.  Even if a lawyer filed a lawsuit tomorrow (since it's after business hours in Georgia), it would take months before you'd see any recovery.  You took a foolish risk by not having medical coverage, but you need to obtain treatment.

 

 

2 hours ago, cyndid said:

What are my options?

 

Seek medical treatment or don't.

Hire a lawyer or don't.

Allow the other driver's insurer a reasonable amount of time to investigate and determine the claim.

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4 hours ago, cyndid said:

Thoughts? Suggestions?

 

I agree that you should see a lawyer asap. Many personal injury lawyers can refer you to doctors who can defer payment until the claim is settled.

 

4 hours ago, cyndid said:

my car insurance company says I have medical coverage on my auto insurance however if I use it they cannot collect from the other insurance.

 

1 hour ago, pg1067 said:

That doesn't make any sense.

 

It could make sense if the OP's policy did not have a subrogation right for Medical Payments Coverage though I suspect that whoever the OP talked to at her insurance company (possibly an agent instead of a claim rep) was mistaken.

 

Though I don't see why OP should care about that as it's a source of immediate reimbursement for medical expenses up to the Medical Payments Coverage limit. All the OP has to do is submit the bills to her own insurance claim rep for reimbursement.

 

 

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