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Trailer tractor part in road damaged my pickup
A drive shaft from a tractor trailer was on the turnpike did $3000 in damages-Their insurance co states it is "no fault" in PA because the driver was aware of it for 1 mile Now I'm responsible for my $1000 ded (that I don't have)immediately! Do I have any recourse?Where do I start?
Well, in a no fault state there is still "fault" for certain circumstances. In some states, property damage only type accidents is one of those circumstances. It is interesting that they are saying it is no fault, but then turn around and tell you that because the driver had a mile to see drive shaft.
No fault means no one pays, you look at your own insurance company. However, there are those states that in a "property damage only claims" allow you to try to recover under certain rules, In PA the rule is Modified Comparative Fault -- 51 Percent Bar 42 P.S. § 7102.
This means that you have to be less than 51% at fault for the insurance company pay you their percentage of fault. It appears that this insurance company believes that you are more than 51% at fault, which would bar any payment from them to you.
Your only recourse here is to deal with your own insurance company and have them do an investigation. They will see if you are less than 51% at fault and then dispute on your behalf. Usually insurance companies go to arbitration to sort this type of thing out.
In the mean time, you do have to pay your deductible and once a decision is reached, you could ask to be paid your deductible. This process might take some time.
I am sorry to hear all of this,
Follow up question
Yes,the accident happen Dec 2008. My insurance has already paid all of the medical bills through Medpay, which totaled 8,000.00.
Half of the bills were the chiropractor. The letter you are speaking of, is this the same as a Final Medical Report?
The "letter" is to prove that the medical attention received from the chiropractor was part of the accident. Since I have already sent everything I had, can they still refuse the "letter" and deny to pay the medical bills from the chiropractor? I just want to get an idea what to expect.
The insured insurance has made an offer to settle for $5500.00. This does not cover all my lost wages 2500.00 and pain and suffering $20,000.00 (They laughed)Thank you for your helpful information!
No, the letter I am speaking of is a letter that you want to ask your chiropractor for. Basically, they are arguing that your injuries are not related because you waited too long.
One effective way to really defeat this argument is by having your doctor put on writing why this medical bills and treatment are related.
If your doctor does this, then the insurance company has little argument to say that they are not related (the adjuster is not medical doctor no do they have any medical qualifications).
Review the link that I gave you in the prior answer. There is great info there of what claims you can make. If you have documented loss wages of $2,500, you need to be paid for that in addition to everything else.
It is very irritating to see that they laugh at you. Do no let that get the best of you (which I am sure it is not). They did not feel your pain, so really their assessment is as good as anyone else. This is the number one reason people end up with an attorney.
Insurance companies are difficult to deal with and they abuse the consumer. No need to laugh at you, instead they can explain the process and give you a reasonable explanation of why they believe your injury is not worth that much.
At any rate, Consulting with an attorney is always a good idea.
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