How could I legally receive my auto accident settlement? 15 Answers as of June 08, 2015

I was in an accident with another driver. She was the one at fault. But I have been dealing with her insurance company (we exchanged information at the scene). They are being extremely difficult. They say that their adjuster has not spoken to the driver and that they cannot do anything until they contact her. I hope that this does not continue to go on. Can I sue them to get a payout?

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Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
It is part of the adjuster's job to minimize payouts for claims. You need an advocate on your side to push through to your best possible recovery. You only have two years from the date of the collision to file a lawsuit, so don't delay. If you were injured, an experienced car accident attorney may take your case on a contingency basis meaning that they aren't paid unless you are paid.
Answer Applies to: West Virginia
Replied: 6/8/2015
S. Joseph Schramm | Joseph Schramm
You have two years from the date of the accident to file suit against the driver of the car. In the meantime, you should probably retain counsel to help you deal with the insurance company and, if necessary, to file suit.
Answer Applies to: Pennsylvania
Replied: 6/3/2015
Stephens Gourley & Bywater | David A. Stephens
You can sue the driver if they do not settle for an amount that you agree to.
Answer Applies to: Nevada
Replied: 6/3/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
No, but you can sue the other driver/owner. You should probably retain an attorney.
Answer Applies to: California
Replied: 6/2/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
You very well may have to sue. Consult an experienced injury lawyer. Good luck.
Answer Applies to: Alabama
Replied: 6/2/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    No. You can sue the other driver and the owner of the car. The insurance company did not own or operate the car.
    Answer Applies to: Michigan
    Replied: 6/2/2015
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is car insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case. My law firm focuses exclusively on injury law and would be happy to discuss your case if you call.
    Answer Applies to: Utah
    Replied: 6/2/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    Delay is a common tactic used by insurance companies. Do not expect a prompt or fair settlement without competent legal representation.
    Answer Applies to: California
    Replied: 6/2/2015
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    You should definitely consult an injury attorney. An attorney's job is to get you as much money as possible. The adjuster's job is to pay you as little as possible or not pay you at all.
    Answer Applies to: Alabama
    Replied: 6/2/2015
    Jules D'Alessandro | Jules D'Alessandro
    This is exactly what happens when you don't have a lawyer. In the state of RI insurance companies are under no obligation to treat you fairly or inform you what you are entitled to. The RI Department of Business Regulation has never sanctioned a single insurance company of misconduct ever!! When you don't have a lawyer they just delay and waste your time because they are just trying to get you to give up. You can continue to get frustrated or you can hire an experienced personal injury trial attorney.
    Answer Applies to: Rhode Island
    Replied: 6/2/2015
    Law Offices of George H. Shers | George H. Shers
    Question already answered. You have to sue the other driver and car owner, but you can not directly sue the insurance company because they have no fault, they just have a contract with her to pay up to a certain amount of money.
    Answer Applies to: California
    Replied: 6/1/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    File a claim with your insurance and they will go against her insurance?
    Answer Applies to: Utah
    Replied: 6/1/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    If you are talking about a 3rd party pain and suffering claim, if you sue, you sue the owner and driver of the at fault vehicle. Their insurer will hire counsel and defend that suit and will pay up to the liability policy limits to settle the claim or any verdict. You can not force the insurer to settle. They either will or won't. If they won't, or they don't offer enough money, you may have a bench or jury trial. Whatever monetary award you receive at trial should be paid by the insurer, again only up to the limits of liability coverage purchased by their insured. Of course, there can be post-trial shenanigans that drag the matter out if that's what the insurer decides to do. In any 3rd party auto neg claim in MI, you need to prove the fault of the other driver, that such fault caused you injury/damage and that any injuries were a serious impairment of a body function and/or permanent, serious disfigurement.
    Answer Applies to: Michigan
    Replied: 6/1/2015
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    Yes, they will often hold off settlement negotiations until they've spoken with their insured. If it continues, you may want to consider hiring an attorney.
    Answer Applies to: Georgia
    Replied: 6/1/2015
    End, Hierseman & Crain, LLC | J. Michael End
    I think you should get a personal injury lawyer to help you settle your case for the right amount of money.
    Answer Applies to: Wisconsin
    Replied: 6/1/2015
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