What am I entitled to and how do I figure out an amount and what the maximum their insurance will pay?
Question Details:I was passenger in a vehicle that was rear ended on 9/15/09. It was the other drivers fault and he was ticketed for careless driving. I have been to the doctor, a neurologist, and physical therapy. I have been unable to return to work since. I have been told by my job that there is a strong possibility that my position will not be available when I go back. I have severe headaches and all muscles in my neck have been strained and are not getting better with physical therapy. So what should I expect? And how do I determine maximum amount his insurance should or will pay?
When you complete your medical treatment and are released by the doctor(s), factors which will determine the amount of your compensation include the amount of your medical bills, information in the medical reports regarding the nature and extent of your injuries including any residual complaints, transportation based on mileage and number of visits to the doctor, estimated cost of future medical treatment if necessary, and lost wages. Compensation for pain and suffering will be based on the information in the medical reports regarding the nature and extent of your injuries.
The maximum amount the insurance company will pay is determined by the policy limits. If the other driver has a small policy (is underinsured), and the policy limits are insufficient to compensate you for your injuries, as a passenger, you may want to consider proceeding through your driver's insurance if your driver has underinsured coverage.
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