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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26098
Experience:  Litigation Attorney
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I was/am a victim in a motor vehicle accident. The other driver

Resolved Question:

I was/am a victim in a motor vehicle accident. The other driver clearly at fault and admitted so at sight, I was taken to local hospital by ambulance with loss of consciousness from apparent concussion. I was struck by other vehicle and hit concrete barrier at 50mph with front corner of my vehicle.
My insurance (Farmers) PIP is exhausted. My personal/primary insurance will cover my bills through November when that expires because I have been out of work due to stress/anxiety which may be a result of this accident (to be determined by further testing which will likely continue into December.)
Im obviously concerned about the combined cost of current and future testing and the possibility that I will be paying out of pocket. I also realize all providers are probably entitled to collect their fees once I reach a settlement.
So the question becomes "How do I find out what the policy coverages are for the person responsible for my injuries so that i can do the math and avoid the possibility of going into serious debt? The other persons insurance is USAA if that matters. This happened in Washington state.
USAA has offered me a low offer, essentially the cost to cover the PIP with no mention of my pain and suffering.
Thanks in advance for your response and any additional guidance you can provide.
Submitted: 9 months ago.
Category: Legal
Expert:  Roger replied 9 months ago.

Roger : Hi - my name is XXXXX XXXXX X'X a litigation attorney. THANKS for your question. I'll be glad to assist.
Roger : Have you filed a claim with the at-fault party's insurance company?
Customer:

i believe there is a case number, but i did initiate anything

Customer:

I did NOT initiate anything

Roger : Ok.
Roger : You should contact your insurance company and have them file a subrogation claim against the other insurance company. Also, your insurance company can request a declarations page from USAA, which will tell what the coverages are.
Roger : Also, you can request this, but they may be hesitant if you don't have a claim open.
Roger : Often times, people have to get an attorney and sue the at-fault party before the other insurance company will cooperate at all.
Customer:

Apparently USAA has paid Farmers for repairs to my car, I guess that doesnt constitute a "claim" on my part correct?

Roger : Yes, it should. This would just be the medical coverage that the policy provides.
Customer:

I guess I can call USAA rep that has been trying to reach me, if this doesnt work I guess i contact my agent?

Roger : If you have a claim number with USAA, and you're the claimant, they should be able to give you a copy of the declarations page for the policy.
Customer:

Good, I just want to be sure I am not obligated to discuss my condition to acquire this info.

Roger : No, you shouldn't.
Customer:

Ok thanks, XXXXX XXXXX?

Customer:

in addition that is

Roger : The best thing is to get the declarations page and discuss with your insurance company the possibility of recovering short of filing a lawsuit.
Roger : if you don't think you're going to get anywhere, then you should speak to an attorney about filing suit to have your bills covered by the responsible party.
Customer:

Im guessing I will be buying in to this system, that being said any future questions will or will not be forwarded to you?

Roger : You can request me if you have any additional questions. I can be reached here: http://www.justanswer.com/law/expert-kirkadams/
Roger : Or, you can make a post as you did this time and start it with "For Roger" and I'll get it.
Customer:

very good. how can i save this for print or review, i deal with memeory loss, and though it seems simple enough now I could forget thanks

Roger : It will remain open, even after you rate/accept, you can review it through your account. Also, you can print the screen and have it there too.
Customer:

Thanks a lot

Roger : Sure. Glad to help.
Roger, Attorney
Category: Legal
Satisfied Customers: 26098
Experience: Litigation Attorney
Roger and 14 other Legal Specialists are ready to help you

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