Do I need to get a lawyer on my car accident, I have no medical records.?
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Do I need to get a lawyer on my car accident, I have no medical records.?
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This is what happen:
Been to 3 car accident, my car is totaled, lost my job, depress, in pain and it is 100%fault of 1 of the car.?
Last Oct 2009 i have been to a 3 car accident. My car was totalled, I ws hit on the back on a red stop sign traffic lights by a woman and my car gor forward to the car on my front. I got sandwich by two cars. God is good I did not die as i am wearing my seatbelt. Did not call any ambulance as I thought I am OK, got some bruises on my two knee and legs. Police came and give a ticket to the woman on my back who is now 100% at fault. When I got home I went to the ER to be sure I am Ok and the doctor told me it is only some bruises and contusions . After 3 more days I am already feeling some pain and neck problems, shoulder, back, elbow, pain but the problem is I cannot afford medical bills. I went to a walk in clinic and pay $130 to see a doctor and he sent me to get an X-ray on my shoulder and neck and all is good but pain is still there. The insurance of the other party wants topay only $1000 for my car even thou i told him that the car was just recondition by a fren and the rim and tire were new and i am asking for another 1,000 but they donot want to pay. they say thats the only market value of the car. They donot want to authorized for me to have some pysical theraphy for my pain as they said they need proof first of all my medical records. Since then the adjuster is so hard to deal with. The one who hit me is not the owner of the cara and it is own by her husband and also no insurance too. so can i sue the woman on a small claim court. I live in Washington and also how long do i need to settle for my car and bodily damage. if I will not get a lawyer.
Another question?
Can I send a letter to the person who hit me that I will get her to small claim court because her insurance won't give me 2,000 for my car lost. Also, I donot have any medical records in my life time here in WA., only the one with the walk in doctors and the hospital at the day of the accident, is that enough to take them to court and get an attorney for my pain and sufferings???. Because I got depress with all my pain I quit my job and so I am doing only home remedies to fight the pain. I have no health insurance and cannot afford to go on walk in clinic again. Since the accident i only see one doctor, er and x-ray and after that i do my treatment at home with under the counter pills and home remedies.
i DO NOT WANT TO SETTLE YET CAUSE I REALLY NEED TO SEE WHAT WILL HAPPEN IN A YEAR WITH ALL MY PAIN CAN I DO THAT, WHAT WILL THE ADJUSTER SAY IF I DO NOT SETTLE YET?
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MSAD
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Sure you can sue the other lady in small claims court....and her insurance company will hire an attorney to assist her with the law suit.
Just because you want another $1000 does not mean your car is worth another $1000. Rims don't increase the value of the car. If you want the rims, ask the insurance company if you can put the factory rims back on the car and you take your aftermarket ones. As long as you don't do any damage to the car and the factory rims/tires are in decent shape it should not be a problem.
The reconditioning you did to the car may not affect it's value at all. Last time I put a timing belt on my car it cost $400. But that does not make my car worth $400 more. The car's value is not changed at all - the car has to have a timing belt to be in good working order.
If you put a new engine in the car with lower miles than the old engine, again, that can increase the car's value because this engine has lower miles on it. But it will not add what you put into it.
But mechanical work that you have to do to keep the car running does not really increase it's value.
Now, in your reconditioning, if you had the entire car painted by a body shop for a cost of $3000. That will help the car's value - but does not add $3000. Think of it this way, if I was going to buy your car from you...why would I pay you $3000 for a new paint job? I wouldn't. I could buy a car like yours with the old paint job...take it to the shop of my choice and pay $3000 for a new paint job in the color of my choice and have what you have. But, I may be willing to pay $1000 more for your car over an identical car with an old paint job, just to not have the hassle of getting it painted myself.
If you don't like the other companies offer and you have collision coverage on your vehicle. You can always file a claim under your collision and see what they will pay you. No guarantee you will get what you want but if you have collision, they can make an offer.
As far as your injury claim is concerned: auto liability coverage is NOT like health insurance. They do NOT pay medical bills as you incure them. You do NOT get the adjuster to authorize treatment. If you need to see a dr you go.
Once you are done with treatment and have been released from the Dr care, then the insurance company orders copies of your medical bills/treatment. They evaluate that information and make a lump sum offer. In exchange for the settlement, you sign a release that ends the claim once and for all never to return.
The insurance company will not pay for lost wages because you quit your job.
Only you can decide if you want to hire an attorney or not. In general, an attorney takes 33% + expenses as his fee.
Here's the information I found on the statute of limitations. It looks like it's 3 years for a bi claim. http://www.edgarsnyder.com/statute-limitations/washington.html?ref=http%3A//search.yahoo.com/search%3Fp%3Dstatute%2520of%2520limitations%2520by%2520state |
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Mushu
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Past medical records shouldn't be a problem. Do you have ANY past medical records from where you used to live? If so, then the insurance company may be able to use those.
The car is a different story. Some improvements on a car do not increase the market value. If you have receipts for the new rims, submit those to the insurance company. New tires may not make much difference as those may be considered regular maintenance. Unless you have receipts for everything that was done, the insurance company won't even consider the upgrades.
Also, do not in any way shape or form try to contact the other driver or vehicle owner. That would be interfering with the investigation. All correspondence/communication must be done with their representatives - the insurance company.
You did not mention anything about your own insurance company, what is their position in all of this? If you haven't notified them, then do not delay. Call them ASAP. They will be your best allies in this situation.
Quitting your job because of depression regarding the accident is not going to be in your favor. You are not eligible for compensation for that, or for the home/OTC remedies you are using.
Lastly, only you can decide if a lawyer is necessary. A lawyer will significantly delay the settlement of the case, and will ultimately take 1/3 of whatever settlement you get. Since your injuries are minor, a lawyer may not be in your best interest. Not to mention the fact that if you cannot afford medical care, you probably won't be able to afford an attorney, either. |
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