Can I get pain in suffering in a no-fault state?
Question Details:
I was rear-ended 5 weeks ago in a car accident. My insurance company sent a check for car repairs and said to send them medical bills. I went to the ER, as per my MD am, I going to PT for whiplash and ongoing headaches. Can I send a "demand letter" for pain and suffering and if so should it go to the insurance company of the person that rear-ended me?
Yes you can recover for pain and suffering. You should continue treating until you are healed. Inform your medical providers that you were in an accident so that the medical bills can be paid by your insurance's PIP. You should also hire an attorney. I handle these type of cases and would be happy to discuss. Bill Harrington, 617-426-7400.
If you were harmed by the conduct of the other driver, you will need to bring a claim against him or her (via his or her insurance company). You should continue to treat your physical and other injuries, and do not be persuaded to make a quick agreement with the other party's insurer. I strongly recommend that you retain an attorney. I am located in Boston, and represent clients in matters just like this one throughout the Commonwealth. Often, cases like this are handled on a purely contingent basis, meaning you do not pay a fee unless we obtain some recovery for you.
