Insurance co. of person who hit my car denied liability because of a med. emergency. From whom do I seek damages?

Question Details: A man driving a company car blacked out and came across median and hit me. The company insurance payed for my totaled car then I heard nothing. I was ready to settle so I called to verify address and thats when I first learned they had denied fault over a year ago!!! They sent a letter to the parent company of my insurance company over a year ago, but never sent anything to me. I only learned this by calling them myself. Who do I send my demand letter to? am I out of luck on my lost wages, pain and suffering, future med etc. I have full coverage with my insurance co as did he with his co.

Asked 10/26/2009 under Personal Injury | 403 View(s) | More Legal Topics

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Mark Kramer / Kramer & Associates Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Oregon

You are entitled to reasonable noneconomic (pain and suffering) damages and economic damages, if the other driver was negligent, regardless of whether his insurance denies the claim.  You should consult with an experienced attorney as soon as possible to consider filing a lawsuit. 

Mark Kramer

Kramer & Associates

503.243.2733

mark@kramer-associates.com

www.kramer-associates.com

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