Legal Question in Personal Injury in Kansas

Injured and No Insurance

I was in a accident that was not my fault. To make matters worse I suffer from back and knee injury cause. I had no insurance, but driver at fault has full coverage, my car was totaled out and the at fault driver insurance paid my car off . Well now the insurance company refuse to pay for loss wages doctor and hospital bill, plus pain and suffering. Do I have case or Is it a total loss for me.

Asked on 1/30/07, 1:07 pm

3 Answers from Attorneys

Anthony Smith LawSmith

Re: Injured and No Insurance

It is typical for insurers to refuse to pay the victims's bills initially.

They will continue to dispute them until you get an attorney. The most important issue is your health. Get proper treatment, and follow sound medical advice as to restrictions of moving, lifting, etc. Your recovery is the most important thing. The rest is just money.

If you wish to pursue your claim for repayment of your medical bills, and compensation for your loss, then I ould be willing ot discuss your case with you. Without knowing more, I cannot tell you whether the insurer has a sound basis for not paying all that you expected them to.

Good Luck

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Answered on 1/30/07, 1:18 pm

Rian Ankerholz Ankerholz and Smith

Re: Injured and No Insurance

The insurance company for the party who was at fault will not pay until the bodily injury portion of the claim is ready to be closed. In Kansas, you must have at least $2,000.00 in medical bills (with some exceptions) before you can make a claim for personal injuries arising out of a motor vehicle accident. The insurance company hopes you don't go to the doctor. If you have health insurance, the medical bills can be submitted under that coverage. The value of your claim depends on many factors, including your medical bills, lost wages, permanent injuries, among other things. Consult an experienced personal injury attorney.

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Answered on 1/30/07, 2:56 pm
Jim Wisler James L. Wisler Law Offices

Re: Injured and No Insurance

THe insurance company for the at fault driver who caused your accident should pay for your medical bills, past and future, lost wages, past and future, and pain and suffering. It will only pay in one lump sum as a final settlement. If it does not pay, you must file suit against the other driver. You have 2 years from the date of the wreck to file suit. If you do not sue within 2 years, you lose your right to sue.

I suggest you get an attorney as quickly as possible.

If you have any questions, please feel free to contact me. There is no charge for a consultation.

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Answered on 1/30/07, 3:20 pm

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