Car Accident Archives - The Law Offices of David E. Gordon
Do I have to repay my health insurance company when I settle my injury claim?
Yes. Even though you paid a premium for your health insurance company to pay your bills from the accident, all health insurers require their policy holders to reimburse them from the injury settlement with the responsible party. As a practical matter, some companies do not request the repayment, but all…
How much time do I have to file a lawsuit if I’m injured in an automobile accident?
Adults injured in automobile accidents have one year from the date of the accident to resolve their case by settlement. If a settlement is not reached, they must file suit on or before the anniversary of the accident to preserve their rights! Minors have until their 19th birthday to settle…
Who is going to pay my medical bills if I’m injured in an auto accident?
There are three possibilities here. First, your health insurance company should pay the bills, even though they are the result of an automobile accident. In addition, your driver’s automobile insurance policy (or your policy if you were the driver) may have coverage for medical bills, usually up to $5,000. This…
Must the negligent driver’s insurance company pay for my medical treatment?
Yes, but not until the conclusion of your claim. There may be limited payments made for medical expenses if you were a passenger in the responsible driver’s car. But otherwise, the payments for medical bills will be part of the total settlement to be made when you have reached what…
Does the negligent driver’s insurance company have to provide me a rental car?
Yes, but only for as long as it takes to repair your vehicle or settle the total loss. Once they make payment to you for the total loss of your vehicle, you must return the rental or make arrangements to pay for it yourself.
Does the negligent driver’s insurance company have to pay off the note on my car?
No. This is a common misconception. The insurance company is obligated to pay only the fair market value of your vehicle at the time of the wreck. Since it is possible that you owe more than the value of the vehicle, you may still owe the lien holder something after…
What should my auto insurance company pay me if I’m injured?
MED-PAY – If the occupants of your car are injured in an accident, this portion of your policy pays their medical bills, usually up to an amount such as $5,000. These payments are made regardless of whose fault was the accident. Insurance companies are not quick to advise their insureds…
What if I am injured avoiding a collision with another vehicle?
Even if there is no contact with the other vehicle, you can recover from the other vehicle if you can demonstrate that it was his negligence that caused the accident. Uninsured motorist insurance applies to this situation in the event the other car disappears, but you must have an independent…
What if the responsible driver does not have enough insurance to properly compensate me for my injuries?
Tennessee law requires that motorists have only $25,000 of liability of coverage. If the driver who injures you has only a minimum limits policy ($25,000), then this is the maximum that his insurance company can be forced to pay. Any additional payments will have to be made by the driver…
What if neither driver has insurance?
If neither driver has insurance, the injured person’s only remedy is against the negligent driver himself. The court will hold him responsible for your injuries and losses, but pursuing the case through the court system and then collecting the judgment from the individual is extremely difficult without a lawyer. Unfortunately,…
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