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


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. 

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