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Ask MShore Your Own Question
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I was a single uninsured (who didnt own a car or live with

Customer Question

I was a single uninsured (who didn't own a car or live with anyone who had insurance at the time), passenger of a motorcycyle who suffered an accident in hawaii of 2007 because the driver popped a wheely (against my will). The insurance company refuses to pay out on the accident claiming limitation on lawsuit and the hospitals keep harrassing me with calls, and mail about money owed to them for treatment and service. what are my options at this point? Is there a way to fight the insurance company to pay my bills? Is there a way to have the guy who's bike I was a passenger on be responsible for this accident. If so, i would like some help.
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. You could have sued the owner of the motorcycle for your injuries and resultant medical bills within 2 years of your injuries. Unfortunately too much time has passed to pursue him now, the statute of limitations would bar your claim. At this point, your option is to negotiate with the hospital for a settlement.
Customer: replied 5 years ago.
thank you but I have already heard this answer before. As I stated in my question, is there really no case ever heard of or reason that was able to pursue this matter even after the limitation on lawsuit? I am uninsured and do not ahve any way nor reason to pay the hospital for any of these bills since the accident wasn't even my fault to begin with. it actually set me back in multiple ways hence teh reason i am seeking to now try and resolve it and have been trying since 2009... i feel the insurance company knew that limitation on lawsuit would benefit them and they gave me a hard time about settling/closing and paying out the calim which was opened in 2007.
Customer: replied 5 years ago.
Relist: Answer quality.
thank you but I have already heard this answer before. As I stated in my question, is there really no case ever heard of or reason that was able to pursue this matter even after the limitation on lawsuit? I am uninsured and do not ahve any way nor reason to pay the hospital for any of these bills since the accident wasn't even my fault to begin with. it actually set me back in multiple ways hence teh reason i am seeking to now try and resolve it and have been trying since 2009... i feel the insurance company knew that limitation on lawsuit would benefit them and they gave me a hard time about settling/closing and paying out the calim which was opened in 2007.
Expert:  MShore replied 5 years ago.
The portion of your question where you stated that apparently was cut off in the transmission as your initial question in its entirety reads:


I was a single uninsured (who didn't own a car or live with anyone who had insurance at the time), passenger of a motorcycyle who suffered an accident in hawaii of 2007 because the driver popped a wheely (against my will). The insurance company refuses to pay out on the accident claiming limitation on lawsuit and the hospitals keep harrassing me with calls, and mail about money owed to them for treatment and service. what are my options at this point? Is there a way to fight the insurance company to pay my bills? Is there a way to have the guy who's bike I was a passenger on be responsible for this accident. If so, i would like some help.

Optional Information:
State/Country relating to Question: Hawaii

Already Tried:
contacting the insurance company and also trying to find the guy but he was in teh military at the time and i only know his first and last name and maybe his insurance policy number? i have the copy of his declaration page on my hard drive.

Detail Required: HIGH"

Is there a compelling reason why you did not take action within the statute of limitations period?
Customer: replied 5 years ago.
Well I don't know if it is compelling but when I had that accident it took me to a place of depression. I am an exotic dancer and relied soley on my body to work and make a living. I didn't hav any money saved (lesson now learned well). At the time I was working on building my entertainment company because I am aslo a professional dancer. It took me months before I could walk, let alone leave the island. Bills piled up. My no limit amex was unpaid and went into debt from 5,000 to 15,000 in a period of 5 to six month because they charged 500.00 for every month the balance wasn't paid in full. Because the accident happened in January I was unable to make the money I was expected to mak within the 3 month cenvention season in vegas and it took meinto a state of horrble depression. I couldn't work out for 6 months after he accident the it was neary impossible to get bck onto my feet. I feel into debt then drug abuse then had my family colapse on me since I was their financial support. So I am not sure what is considered compelling but certainly a snowball chain of events took my priority from collecting or pursuing to trying to survive and manage the situaition as best as possible.
Expert:  MShore replied 5 years ago.
If you were clinically depressed that could be the basis of extending the statute of limitations for medical reasons. Did a doctor diagnose you with depression?
Customer: replied 5 years ago.
Not a medical doctor but my family friends former school teachers etc. People that know me??? I was alone a lot of the time as well.
Expert:  MShore replied 5 years ago.
Unfortunately a lay person's assessment is not recognized as a medical diagnosis, it would have to be a physician or mental health professional.
Customer: replied 5 years ago.
is ther any other legal person that has dealt with something similar to this or any other way to have that insurance company pay for the medical bills? i just want to have them take responsibility for what this guy did. there really has to be a way and i am not happy with the advice you have given me. sorry.
Expert:  MShore replied 5 years ago.
I understand that we are not always happy with the law, in every lawsuit inevitably there is one party that is unhappy with the law, this is however the law. You need to have a mental health professional diagnose you, a lay person's assessment of depression carries no weight. I can tell you what you want to hear or I can tell you the truth. That really is the botXXXXX XXXXXne, I wish the Answer was different, but the law does not always yield the result we desire.