What type of financial help am I entitled do after being rear-ended by a speeding truck that injured me?

I was rear-ended while stopped in a intersection; I was waitingfor the car in front of me to turn left. I was in a rental car at this time. The rental car was completely damaged I had my own insurance to cover the rental care. The person who hit me has the same insurance carrier. I went to the ER and my POP provider and prescribed meds. I showed a member of my church who is a nurse said my bruises are serious. I have been refused by my POP doctor to get MRI or X-rays I am in pain neck and lower back. The driver who hit me admitted he was at fault.

Asked on October 20, 2011 under Personal Injury, Oklahoma

Answers:

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

Answered 9 years ago | Contributor

You should go to another doctor.  Since you were rear-ended and the other driver admitted fault, the other driver's auto insurance company should pay for your medical treatment.  It does not matter that you and the other driver have the same insurance company.  Verify that the insurance company is accepting liability before incurring huge medical bills. There are doctors who will take the case on a lien basis which means they are paid out of the settlement.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim filed with the insurance company will consist of the medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit against the other driver for negligence.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, you will need to file your lawsuit for negligence against the other driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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.