Hi! My name is Sam, and I started this blog to help other injured people. Before you start reading, let me tell you a little about myself. Ten years ago, I slipped on a slice of fruit in a grocery store. My leg slid out from under me, and in a freak twist, it was rendered useless. I could no longer work and struggled with intense pain every day. Luckily, I found an accident and injury attorney who was able to get me the compensation I needed to cover my medical bills and my lost time at work. However, while I waited for the settlement to come through, I had to get creative physically and financially. This blog is dedicated to anyone who is in that limbo position. I hope the posts here help you decide what to do while you wait for the results of your trial.
An auto accident that causes a severed hand, foot, arm or leg is painful enough without trying to figure out which insurance company should receive your claim. Does your auto insurance company receive the claim, or does your accidental death and dismemberment insurance get the claim? What happens if your appendage is reattached and works somewhat well? What if the insurance company does not want to pay out because you have not paid in a year or more of premiums with them? These are all issues which your personal injury attorney can help you with.
Filing Your Claim
If you lost a limb or appendage in a car accident, you can only file a claim with the auto insurance company if you have medical and personal injury coverage with them. Basic liability rarely covers extensive physical damage to you and your passengers and is meant to protect you by paying the other driver or property owner for losses. Your personal injury attorney may suggest suing the other driver's insurance company if the other driver caused the accident, as the other driver should have liability insurance to pay for your loss.
In addition to your auto insurance and/or the other driver's insurance, you could file a claim with accidental dismemberment, but only if you were driving your vehicle for work purposes. Most death and dismemberment policies are offered through an employer's benefit package, which is why this type of insurance only pays out if you lose an appendage while at work. There are some very strict rules for filing a claim and some gray areas which only your personal injury attorney can interpret and convince a judge to rule in your favor.
Filing a Lawsuit
In rare cases, limbs may be saved and reattached. If your car accident somehow allowed you to save your limb and a surgeon reattached it, the insurance companies may deny you your claims. Even though your limb is back in place, it may never be completely functional again, and you are entitled to that money. Your lawyer can argue your case and sue for any additional money so that you can address any future medical needs for your reattached limb. Additionally, you can sue the other driver in the accident if he or she was driving under the influence, driving recklessly, or inattentive (texting, on the phone, etc.).
Settling Your Claim
Regardless of how long you have had your insurance, of any kind, most insurance companies are willing to settle rather than lose a customer. If you get a personal injury lawyer involved, the payout comes quicker because the insurance companies know you mean business and do not want the bad publicity that a court case brings. Most of the time, insurance companies will settle out of court so that the problem quietly goes away.Share
6 April 2015