What course of action do i have with a car accident that wasn't my sister's fault?

Have someone go down to then precinct to ensure that the police report is completed and filed. Contact counsel so that they can put pressure on the carrier to provide No-Fault/health benefits and otherwise protect your sister's interests..

I am sorry to hear about your sister's accident. If she or another household resident waived PIP coverage, then she would not be entitled to PIP from her insurance company. If she did not waive coverage, then she is entitled to PIP which will cover at least $2,500.00 in medical and lost wage benefits. If she does not have PIP, she should use her health insurance for her treatment. They may have a lien on any recovery against the tortfeasor, but this will enable her bills to be paid promptly. The police report should be ready by now. She should consult with an attorney who can investigate all of these issues and get a copy of the police report. The tortfeasor's insurance company should pay the property damage if liability is not an issue. If they are not, she can make a collision claim against her own insurance company and they will subrogate against the other carrier to get their money (and her deductible) back. The liability carrier will not pay medical bills as they are incurred. When your sister has completed treatment and she makes sure the baby is born healthy, they will make a settlement offer. If they deny the claim, she will have to file suit. It is important that she have an attorney to make sure that she receives adequate compensation because insurance companies take advantage of those that are unrepresented.

Your sister needs to talk to an attorney right away. Sometimes it takes a little time for the police report to get filed. But, that shouldn't stop things. If she has health insurance, she should use it --- worry about the accident stuff later. As a practical matter you've got to worry about health first. The bills can get paid later when the insurance issues are sorted out. The auto insurance carrier isn't going to just pay the medical bills the same way as your health insurance company. Her own auto policy probably has a PIP coverage component which should cover at least $2,500 of the bills. She can just ask her ins company about that. Ultimately, the other driver's ins will have to pay the rest of the bills, but that just doesn't happen up-front. Call a personal injury litigator near you right away and get the process started. Larry Lawrence R. Holzman The Holzman Law Firm, LLC 8955 Edmonston Road, Suite B Greenbelt, MD 20770 (301) 876-4393

In addition to the sound answers Mr. Scherr and Mr. Holzman gave you, be aware that police reports commonly take weeks to be filed, and then available through whatever online service the particular police department uses. I cannot tell who the "her" is when you say "her insurance is refusing to pay;" is it your sister's insurance or the other driver's insurance company who is refusing to pay? If it your sister's insurance company, they are required to pay for medical bills if the vehicle had PIP and/or MedPay coverage. If she was driving your car (it sounds like that may be the case), and you waived PIP coverage, but your sister is not a resident of your household and is not listed as a driver on the policy, she still can claim PIP coverage. You and your sister should consult with a lawyer as soon as any medical issues have been addressed. An experienced lawyer will be able to assist both you and your sister in taking care of the property damage and her medical bills. Your first consultation with a lawyer should be free. Good luck.

Your sister has a claim for any harms and losses that she experienced in the collision. If the adjuster from the car that hit her doesn't want to pay for those damages, then she needs to sue the driver. I do not know why her company would not pay benefits (presumably under her PIP or medpay policies) as they are usually paid without any regard to who was at fault. It is definitely worthwhile for her to get an attorney who handles personal injury cases.

What happened to your sister is terrible. It appears to me that the insurance company is giving your sister the run around. Police reports are typically inadmissible in determining fault, as most police officers are not certified as accident re-constructionists. If the issue has not yet been resolved I recommend that you contact an attorney, like myself, who regularly handles automobile accidents, to deal with the insurance company. Unfortunately, many insurance companies do not take the claim seriously until an attorney is involved. Also, as your sister was 7 months pregnant at the time of the accident, please be very careful regarding her post-accident prenatal care. Although I hope that the baby is fine, the doctors can often not be sure that no damage was done to the baby until after it is born. Therefore, in the event that your sister is offered any global settlement of her claims, she must first be sure that the baby is fine, before assessing her damages. (I say these things as an attorney and as a a persona who was rear ended when I was 8 months pregnant with my daughter). Good luck.

Your sister needs to make an appointment with an attorney, bring her auto insurance documents, police report and other related papers to the lawyer, and have him or her answer all of the questions you raise. Posting questions on the internet is no substitute for actual legal analysis. good luck

Obviously, your sister needs a lawyer. If her own auto insurer is denying medical coverage, then that can only be because she does not have insurance coverage for medical bills (Personal Injury Protection); otherwise, they would have to pay up to at least $2,500. If her company is refusing to pay for the damage to her own vehicle, then she must not have collision coverage, either. If the other driver is at fault, then she can sue the other driver and obtain a judgment, but that may take time. If the other driver's insurance company is not voluntarily accepting liability, that is the only option. The fact the officer's report is not on file is not necessarily an issue, as it can sometimes take a while to become available. It depends on when the officer files it. Your sister should turn the matter over to a lawyer and the lawyer will contact the officer to follow up on the report. The officer's decision to assign fault is not conclusive, since the officer is unlikely to have witnessed the accident. However, depending on how the accident occurred, the officer's report may convince the insurance company to decide to accept liability. My guess is, the other driver has told their insurance company that the accident was not their fault. Good luck to you and your sister, but please hire a lawyer sooner rather than later.

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on .com.

Best course of action is to discuss it with one of the attorneys above in your state who answered.