what can i do about the insurance company

I was in a accident and it was not my fault the other insurance company wont pay.I had to turn it into my insurance company.I was injured and I can’t get the treatment I need payed for.I don’t want to sue my own insurance company.Now my rates are going to go up and this wasn’t my fault.I am out of a car and hurting and neither one wants to settle what do I do?

Asked on June 10, 2009 under Accident Law, Indiana

Answers:

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

Answered 11 years ago | Contributor

If you carry collision coverage, your own insurance should take care of your car and then subrogate against (or legally demand the money back from) the insurance company for the at-fault driver.  If you were not at fault, the accident should not be counted against you for rating purposes.  If you carry Medical Payments coverage on your policy, your medical bills should be covered up to your policy limits.  Again, your company can subrogate and get their money back if you were not at fault.  I don't understand why your own insurer won't pay, unless you have no collision or med pay coverage.  If that is the case, then your claim is with the at-fault driver's insurer and you may need to hire a lawyer if they are not responding to you.  The adjuster should have phoned you to get your statement about the facts of the accident and asked for your medical info.  If they haven't speak to a personal injury attorney in your area for assistance.


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