How can I claim my personal injury from a car accident? 38 Answers as of February 17, 2012

Your medical bills are supposed to be paid by No-Fault. Submit your claim to your No-Fault carrier. If they deny the claim, they must do so in writing, and you can appeal.

Not if you already settled the case. Maybe apply for social security disability to get Medicare.

If you signed a Release then your claim is closed. You should have hired a lawyer in the first place.

If you signed a release, then you will probably not be able to ask them for any more compensation. There are limited circumstances where people are lied to or forced to settle under duress, than can invalidate a release. Best thing to do is speak to an attorney that has experience with your kind of circumstance.

Unfortunately, if you signed a Release then it is likely that you cannot recover any more from the insurance company. This is one of the situations that I always warn people about when trying to decide whether to hire my firm. Insurance companies are often misleading when attempting to get someone to sign a release or to settle a claim. Although this does not help you at this time, this is a prime example as to why an attorney is necessary following an automobile accident where injuries are suffered.

I am very sorry to hear about your problem. If you settled your claim with the at fault party (your "pain and suffering" claim as you call it), and by settling I mean you signed a release, then you have given up all your rights to go after the at fault party and its insurance company. Medical bills do not remain open, unless that was written into the release. In Massachusetts, there is a pocket of insurance called Personal Injury Protection benefits, or PIP, from the car you were in at the time of the accident. This money is available to you regardless of fault. However, there is a total of $8000 available. When you are hurt, this part of the policy will pay the first $2000 in medical bills from your accident. If you have private health insurance, then all remaining bills must be submitted to your health carrier. If you have no health insurance, then PIP will continue to pay up to $8000. All medical treatment must be reasonable and necessary for PIP to pay. Perhaps you can try there.

If you were truly led to believe that the carrier would pay you damages for your personal injury and would also agree to pay unlimited additiona l b ills in the future, and now they are denying the agreement (assuming there was one), then, in that case you are a victim of fraud and misrepresentation. No insurance carrier does this sort of thing so if the adjuster told you that he would be guilty of fraud.

A lawyer would have to look at the settlement and release paperwork. Never sign a document presented by a potential legal adversary without a lawyer of your own. You may have accidentally signed away more than you thought. Sometimes you can worm out from under a release if there was deception on your adversary's part.

If you signed a settlement release agreement there is unfortunately nothing you can do. This is why it is always important to consult with a personal injury attorney on all injury claims.

It appears you may have misunderstood. There are only two components to an auto claim: 1.) Personal Injury and 2.) Property Damage. You can settle each of those, independent of each other but you CANNOT settle parts of them. "Pain and suffering" is the largest component of most personal injury claims. If you executed a full release without consulting an attorney, YOU closed the claim and have no recourse. Please also understand that if any health insurance, public aid, or Medicare paid your medical bills, you are obligated to repay them because you received a recovery. An attorney would have explained all of this and made sure you were protected. Good luck.

When you sign a release provided by the insurance company, you are signing a contract. It is important to read the contract thoroughly because when you sign it you are giving up very important legal rights in exchange for money. The release often contains language at the end stating that you read and understand all the terms in the contract. If you have a copy of the release you should re-read it and see if it actually releases the insurer and the insured for all damages, including past and future economic damages (medical bills etc.) and non-economic damages (pain and suffering). Most likely it does. In that case you are probably out of luck. There are limited circumstances under which a court could deem your release to be invalid, you should contact an experienced personal injury attorney and discuss all of the facts of your case and the circumstances under which you signed the release to get a solid legal opinion as to your options.

You seemed to have settled your claim without the assistance of an attorney and prematurely. A personal injury claim should not be settled until the full extent of the injuries and the losses can be determined. Secondly, medical bill from a car accident are supposed to be submitted to YOUR car insurance carrier under your personal injury protection coverage of your car insurance. Was this done?

Your personal injury question illustrates one of the hazards of dealing with insurance companies without the benefit of a personal injury lawyer. You need to check the documents which you signed to see if a general release or settlement of all claims was intended. My guess is that you probably signed away your claim with a full release. You should take the documents to a personal injury lawyer to see if there is any potential for setting aside the release and reopening the claim. Possible arguments include fraud and mutual mistake.

In all probability, you signed a release discharging the negligent driver from all liability. If so, you will not be able to recover anything further, despite your need for additional medical attention. This is one of the problems we typically see when injured persons don't hire a lawyer.

You should talk to a lawyer in your area and have him/her review everything you signed and the circumstances under which you signed it. If you signed a full Release of claims in exchange for a settlement check, you will have a difficult situation for certain but there may be options available to you. The only way to know would be to have a lawyer look at the specific details of your situation.

You should have called a lawyer before you did anything. Unfortunately, now that you have settled there is nothing you can do. You gave the insurance company a complete release, and in return, they gave you money. If the insurance company got you to settle by fraud, you would have an argument to overturn the settlement. I am willing to bet that the release you signed made enough disclosures that you will be unsuccessful in challenging it, as I have seen a lot of Safeco releases. Folks who think that they can save an attorney fee and handle their injury case without an attorney are taking a huge risk. I am sorry to tell you, but it sounds like you got burned.

You may be able to re-open the case, especially if you settled the case without a lawyer.

You will have the case looked at by an attorney to determine whether you can secure additional compensation.

Your car insurance is responsible for your medical bills, not the defendant's policy.

Insurance companies don't ordinarily settle just the pain & suffering portion of a claim so you may have a difficult time with a bad faith claim however you may wish to consult with a local personal injury attorney in your area.

You may still have a claim, providing that you have not waited to long to notify your own insurance company or sue the other driver. You are going to need a lawyer to help sort out your case.

Yes- you can sue your own insurance company for the PIP benefits. Please contact me at (313)402-0853 or online at kliszlaw.com to get started.

You might take the settlement and release agreement to a PI attorney. However, those documents are usually clear thtat you are giving up any future claims. That is why you hire an attorney. Good luck.

This is not the kind of advice I can give you in a vacuum without seeing the paperwork you signed. In Florida, your personal injury protection insurance on your own car is responsible for paying for 80% of your medical bills. If you were led to believe the at-fault's insurer would continue to pay your medical bills, then you were misled. I would advise you to consult with a personal injury attorney promptly, and bring all of your paperwork with you when you go. Most personal injury attorneys give free initial consultations, and work only on contingent fee bases.

Each case is different and must be evaluated on its' own merits. I would assume that you went to an independent medical examination that was set up by the insurance company and that their doctors said stated that you had maximized your medical benefits. If you complied with what is outlined by your policy, you can arbitrate for any outstanding bills.