I was in a car accident where the vehicle flipped 5 times and me and the driver were ejected. I can’t pay for medical what should I do?

We were on our way to colorado from Washington and the driver had hit black ice trying to get off the highway. she lost control of the vehicle and it flipped 5 times, we were ejected on 2 and 2 1/2 flips. She had insurance, but a week after the accident she passed away from a bad heart. Now in the state of NM I need insurance to fix my shoulder. the insurance company wants to estimate how much it will be and settle my claim what should i do?

Asked on July 3, 2009 under Accident Law, New Mexico

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think you need a lawyer to handle this for you.  The fact that the driver passed away doesn't mean the insurance company gets off the hook.  There may be other relief that you are entitled to as well.

You may have a claim against the driver's estate for your pain and suffering.  An attorney can review all of the facts of your situation, and give you reliable advice about your rights.

This accident wasn't your fault, and if the car flipped 5 times, she was driving much too fast.

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

Answered 11 years ago | Contributor

I wouldn't settle too soon.  Insurance companies often try to get claimants to settle before they are healed or before they know the extent of their injuries so they don't have to pay any more.  Don't sign a release until you have all the information on your injury.  If your medical bills will be extensive, say over $5K, you should consider talking to a personal injury attorney.  (You can find one at www.attorneypages.com)  Do keep the statute of limitations in mind, though. I'm not sure what state you were in when the accident occurred, so you'll have to check the law in that state.  In most states you have two or three years in which to settle your claim or file a lawsuit.  You would have to file against your friend's estate if it came to that. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.