What is my best option to get compensation after an accident with an uninsured motorist? 12 Answers as of November 12, 2013

I was hit and injured by an uninsured motorist driving home from work. My work required that I work a longer shift that day. My AAA uninsured motorist policy max is $60,000. The cost to repair my car topped $10,000. I was transported by ambulance to ER and have had doctor visits, Rxs, and P.T. & OTC med purchases. I have been submitting my receipts to claims person at AAA who wants to take a recorded statement from me via phone. Considering the low max policy level, is it worth me speaking with an attorney prior to giving a recorded statement? What is the best course to receive compensation for pain and suffering? Due to the time off and restrictions of work, I have been marginalized and am treated differently at work. This is extremely frustrating and the anxiety has affected my home life. Your expert advice would greatly be appreciated. Thank you.

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Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
You are on the right track. You should contact an experienced personal injury attorney to discuss this situation before going further.
Answer Applies to: Iowa
Replied: 11/12/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
If you have more than one vehicle you may be able to stack coverages. However, if I were you, before I talked to a lawyer or gave a statement or signed any paperwork, I would read my book on accident law. Good luck.
Answer Applies to: Alabama
Replied: 11/12/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
You don't give much info about your injuries. If they are serious, and your bills are high, you can ask for the policy limit of $60,000. However, you might look into the other driver's assets; maybe he can kick in some more. If that is a possibility, don't sign a release until you get him or her on board. You can give a statement, as you owe a duty of cooperation to your co. However, before doing so, try to imagine what the o.d. said in his statement. Is it going to be a case of disputed fault? If so, maybe you need a lawyer.
Answer Applies to: California
Replied: 11/12/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You do NOT have options. Your only choice is to pursue the UM claim. Property damage has NOTHING to do with personal injury. They are separate and paid separately. If your insurance company is offering the policy limit of $60,000.00, the only thing an attorney can do is negotiate liens and subrogation interests. If your bills were all paid by your health insurance, you will have to repay them.
Answer Applies to: Illinois
Replied: 11/8/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Get you a lawyer to advise about the value of your claim and how to show it.your emotions about the matter will get you nothing.
Answer Applies to: North Carolina
Replied: 11/12/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan you collect your property/collision damage from your own insurer under your collision coverage. You collect your wage loss, medical expenses and replacement services from your insurer under the PIP coverage. If you can prove you suffered a serious impairment of a body function with competent medical evidence, and show how same has effected your ability to lead your normal life, you can collect pain & suffering money from your UM coverage. Typically it is best to have a lawyer help you craft the proofs necessary to show your threshold injuries. Typically it is best to consult with a lawyer before giving a recorded statement to your insurer. If you prefer to go forward on your own, it is best to tell the truth, rather than embellish, as AAA will get all the records of medical treatment and compare what they say to what you say. You may want to speak to your treating doctor about what the future will hold for your ability to work, recreate, etc. as his/her input will be crucial to whether you can prove threshold injuries.
    Answer Applies to: Michigan
    Replied: 11/12/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    If there is no other policy and the at fault party does not have assets, then your UM policy is all there is to collect.
    Answer Applies to: Oregon
    Replied: 11/8/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    Florida law requires you to show a "serious injury" before an insurance carrier will compensate for pain and suffering. That is a tough standard. Retain counsel.
    Answer Applies to: Florida
    Replied: 11/8/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Insurance companies, yours included, have their own best interests in mind, and are looking for every possible way to get out of paying what they rightfully owe, so speak with an attorney before you give your insurance company or the other person's insurance company any more information.
    Answer Applies to: Washington
    Replied: 11/8/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    I would always recommend you talk to an attorney before giving any sort of recorded statement. Although you are not required to give a statement in a third-party claim, the insurance company can require a recorded statement in a first-party claim (such as uninsured motorist claims). You can call and get a free consultation which you will probably find beneficial before giving the statement.
    Answer Applies to: Texas
    Replied: 11/7/2013
    Pius Joseph A Professional Law Corp. | Pius Joseph
    It depends. Usually it is a 30/60 policy.That means insurance company is obligated to pay you max $30,000 if you can prove that case value. If you had a $60,000 policy you can collect the maximum. If you are capable of dealing with the insurance company you can deal it yourself. It depends on various factors and if they will drag their feet on it. Since you are in a first party situation( instead of making a third party clam against a third party 's insurance) there are better chances that the insurance may settle with you if you show that you did sustain serious injuries. Finally, you must be aware. Of the 2 year statute of limitations when dealing with the insurance company. You will be obligated to give a statement since most policies will require you to cooperate in first party claims under your own policy. However, you are free meat for the raccoon ( I mean the insurance company ) when you are not defended by an attorney and they will ask you questions to box you in your testimony. So be careful.
    Answer Applies to: California
    Replied: 11/7/2013
    End, Hierseman & Crain, LLC | J. Michael End
    I think you should hire a personal injury lawyer to represent you in your case. Otherwise, AAA will do everything it can to avoid paying you what you deserve. A good lawyer will be your best means to obtain a fair settlement.
    Answer Applies to: Wisconsin
    Replied: 11/8/2013
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