Question:

Auto accident, injury claims question hit/run UMC?

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I was involved in an auto accident on 5/18/2008. I was driving northbound on interstate 95 headed to new york from virginia. When the accident occured I was In new jersey. Someone hit me in the passenger rear side which caused me to spin out of control and do about 3-4 360 degree turns down the freeway. I finally came to a STOP when the passenger side of my car hit the rear of an S.U.V. At that point the S.U.V stopped for a mere 1-2 seconds and sped off. I was left on the side of the highway by myself. Me and my passenger both sustained what we thought were minor injuries. An officer came wrote a police report (since there were no other vehicles that stopped he wrote it as hit/run). A tow truck then took my car off the turnpike and to the nearest local repair shop. I then had to take a TRAIN to new york from jersey to where my family lives. The next day I went to seek medical treatment for my neck/back/and right shoulder, so did my passenger. I got treatment 3 times a week from a chiropractor and got x-rays. The following week i returned home (virginia) where I found a chiropractor and had my medical files transferred. I have been seeing him since... I have seen a medical doctor, gone to get an MRI, and now have to go see an orthopedist. (The mri found i had a fracture in my shoulder) I went back to finally pick up my car from the shop the framework/ body work/ and paint had been done but they had not done anything mechanically to my car yet they insisted it was READY FOR PICKUP. i was furious so i end up driving my car back home to virginia because i could not waste any more time/money. My car still has check engine light on, abs light on, speedometer doesnt work, suspension was SHOT. the passenger side strut was blown i could tell cause that side of the car had no bouyancy (sp?) to it. I then called my lawyer and he called the insurance company and got them to replace that strut. EITHERWAY the car is still not mechanically sound and back to the state it was before the accident.

MY QUESTIONS ARE....

WHAT STEPS DO I TAKE FROM HERE?

ITS BEEN 3 MONTHS SO FAR AND MY CAR IS STILL NOT RUNNING CORRECT.

I have contacted the insurance company they told me an adjuster would come out to look at my car again and nobody has called me or showed up.

Am i sueing my insurance company?

All my lawyer has done is send out letters of representation to the doctors i have seen that my chiropractor has referred me to...

p.s.

Im 20 years old

I have full coverage and own a 2000 bmw 528i

I know its lengthy but thanks in advance im really confused as to what position im in and what options i have... i have kind of just been going with the flow seeking my medical treatment..

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2 ANSWERS


  1. You might just have to unplug the battery so the check engine light comes off.  Sometimes you need to do that to turn it off.  

    You should have left your car at the body shop until it was fixed completely. Insurance companies have to pay for storage everyday when a car is sitting in someone's lot.  But being that you drove your car from NJ to VA, chances are, no matter how hard you try your car isn't going to get fixed at this point.    You could try to get an estimate done and submit by fax & regular mail to your insurance company and see if they'll pay it or reimburse you for it.

    Most of the time, attorneys do the property damage part as a courtesy to the client; our office does.

    You are suing your insurance company under the uninsured motorist part of your policy.  Everybody has it.  If you look on your declaration page from your insurance (the packet they send you every time your insurance renew), there's a page that says your policy limits.  So if you want to know the most you could possibly get when you sue them, look under the uninsured/underinsured motorist section.  It should say an amount like [$100,000/$300,000.00 (per person/per accident)], those are your benefits.  But that has nothing to do with the part that is paying your medical bills.  

    Your attorney sounds like my old boss, lol.  


  2. you didn't say if you went to a shop that your insurance company recommended.  These are normally preferred shops that the insurance company would then guarantee.

    It is not uncommon for damages to be missed by an adjuster.  When an estimate is done they are writing a visual inspection.  It is not an all inclusive estimate.  Note the word estimate.  Now once the repair  process is going on it is the responsibility of the repair facility to notify the insurance company of a supplement.  Are these  damages on the estimate or the supplement?  if so  then it sounds like  the shop did not do the repairs properly.  If they didn't and this is a shop that you chose,  NOT a preferred  shop then this could  end up being a problem between you and the shop.  If this is a case where the appraiser missed these items then they will inspect and you can place the vehicle back in the shop for the repairs to be completed.  If this was a preferred shop by the insurance company and repairs were not completed properly the insurance company should guarantee that work and get you to another preferred shop in your new location for the repairs to be completed.

    Most attorneys will not bother with damages to the vehicle but maybe they will as a courtesy.  But you for sure see which of the scenarios above fits your situation and follow accordingly.

    I hope this helps!!!

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