Legal Question in Personal Injury in Maryland

Accident-Other driver ran stop sign

I was in an accident 11-29-02.The other driver was faulted.Went to the hospital with concussion & muscle spasms.Chiro says I have whiplash and back strain that IS NOT improving.I have physician appt. to get MRI-is that okay just in case it's something chiro can't see?It was my boyfrnd's car(totaled) and I have a claims adjustor through his insurnce.Why is his insurnce. paying my med.bills out of the PIP through them?Why not the faulted driver's insurnc?Was I supposed to deal with the other insurnc. co. at all?I am waiting to sign a retainer for attorney,but when I sue for pain and suffering, who's sued-the driver or insurnc co?I am 18 and in constant pain-not supposed to happen at this age.Why has the other driver's insrnc. only paid for the loss of car and not my medcl bills?Should I go after them?


Asked on 3/29/03, 2:17 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Accident-Other driver ran stop sign

PIP and any medical expense coverage that you may have pays for your medical bills, lost wages, and other

costs directly associated with the collision. These are no-fault and pay at first instance. The skill of an attorney is important as to how your claims get paid and the order in which they are paid. The order of payment is essential to ensuring your maximum recovery through these types of insurance.

Third party insurance companies (i.e., the insurer of the driver at fault) usually do NOT pay medical bills while your claim is in process. The third party insurer, however, will include

compensation for such costs at final settlement. There is a list of other damages that you may receive compensation for and it is highly advised that you obtain an attorney to handle this matter.

You may be asked to sign waivers at certain points in the process. It is crucial that you do not sign a waiver that compromises your personal injury settlement. Again, speak with an attorney.

Making a claim for personal injury is not as straight forward as many people believe. Even so, optimizing your settlement is usually best obtained through the assistance of an attorney as he/she is best able to

devise a strategy that may enhance your recovery. Settlements derived through an attorney usually more than offset for the contingency fee charged when compared to a settlement derived without the skill of an attorney.

If you would like to discuss your case, please feel free to give me a call.

G. Joseph Holthaus

(410) 799-9002

Read more
Answered on 3/31/03, 9:52 am
Burt Kahn Joseph, Greenwald and Laake PA

Re: Accident-Other driver ran stop sign

I would be happy to discuss this with you call me at 301-220-2200. Be advised that its quite standard to use your PIP for med bills - its a no fault benefit you bought. You will still be able to recover all your bills plus your pain and suffering from the other driver later when you make the claim. If you had to file suit - it would be against the driver - not his insurance co.

Read more
Answered on 3/29/03, 4:44 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Maryland