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Auto Insurance Complaints

Complaint 18 of 20 in "Fault and No-Fault Issues"

Insurance Carrier: State Farm
State: Georgia

Consumer Complaint:

I was rear ended by a careless driver who was ticketed. I was in so much pain that I couldn't even get out of my car. I was taken from the driver's seat, layed out on a stretcher and driven by ambulance to the hospital. I was diagnosed with strained cervical and thoracic spine. I missed four days of work and had to get follow-up care. I sent all of my medical bills to the insurance company and they are refusing to pay them because the claims adjuster said that she didn't think I was really hurt.

Insurance Expert Answer:

In most states (I am not a GA lawyer and don't purport to know GA laws or rules) medical bills arising from an accident would be paid by YOUR own insurance company, and then recouped by it from the carrier of the party responsible for the accident. Unlike the other driver's carrier, your insurance carrier owes you a duty of good faith. Ask your carrier to cover the claim. HOWEVER, if the other driver hit you, and you had significant injury and expenses, as you seem to have had, you'd be legally entitled to collect not only medical bills but other damages (pain and suffering, loss of income, and any residual loss of capacity) from the driver that it you. To collect you'd really need a lawyer (consumers who try to handle these things themselves are screwed by the insurance companies 99 out of 100 times). In fact that's why the other driver's company may be telling you he thinks you're faking the injury -- to hope you go away and forget about it.

Lawyers typically handle auto accident cases on a contingency fee basis, will give a free consultation, charge nothing upfront, and collect only from the money they help clients recover. Go to our affiliate and find a qualified auto accident attorney.