What to do if I have been trying to negotiate with the insurance company after a car accident?

I was hit while at a complete stop. It will be 3 years next motnth and that entitles it to be void. I have gotten compensation to repair my car and that is all. I have tried to contact a lawyer but have gotten no response. I am required to file something to extend the suit in my state but I do not know what this is.

Asked on October 25, 2013 under Accident Law, New Hampshire

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to file a lawsuit for negligence against the at-fault party (registered owner of the vehicle who hit you).  Your lawsuit for negligence should name the registered owner of the vehicle in addition to the at-fault driver if the driver is someone other than the registered owner of the vehicle.  You will file a summons and complaint with the court.  The complaint is the lawsuit attached to the summons.  If you don't file the lawsuit with the court prior to the expiration of the applicable statute of limitations, you will lose your rights forever in the matter.

If you were injured in the accident, your compensation should include the medical bills, pain and suffering, and wage loss. 

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is based on the medical reports which document the nature and extent of your injury.  Compensation for wage loss is straight reimbursement.

The court may have a court form lawsuit for negligence in an auto accident case.  The court will have a summons form you can use.  If you don't use the court form auto accident lawsuit for negligence, you will need to write your own.  At the law library, look in the index of Pleading and Practice for complaint.  This will give you a general format for a complaint.  Pleading and Practice will have sample complaints for negligence in an auto accident case.  After the lawsuit is filed with the court, you will need to have a process server serve it on the defendants.  You can find process servers in the Yellow Pages or online under attorney services.


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