Car Insurance Question (regarding insurance)?

In: Auto

4 Jan 2010



Hello,

I have an insurance question. Last December, my wife, 2 y/o daughter, & I were involved in a car accident. The other driver was at fault, this was noted on the police report. My wife & daughter both required medical attention. My daughter suffered a broken leg & has since recovered. Unfortunately, my wife’s recovery is taking a little longer. She required immediate surgery on her wrist & needs daily physical therapy.

Although I have a laywer, car insurance & health insurance, I’ve had to front enormous amounts of money to cover medical expenses. My health insurance will not reimburse me for expenses. Can I ask my car insurance company to help me out with expenses? They know the other party is at fault (police report says so). I’ve had to liquidate stocks & savings to make ends meet. I’m now out of money. I was not at fault, yet I’m being punished. Any advice on how to get reimbursed ASAP? My settlement probably will not occur until next July.

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11 Responses to Car Insurance Question (regarding insurance)?

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Kat

January 4th, 2010 at 3:25 am

What you can try to do is make the person at fault pay for your medical expenses. It was his fault that all of you were hurt, so you should put that in your case. Talk to your lawyer and see.

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acermill

January 4th, 2010 at 3:54 am

You indicate that you expect a settlement in the future, which leads me to believe that the other driver carried liability insurance for such a situation. The responsibility for these payouts lies with the other driver and, in turn, his insurer.

Of course, the insurer is holding out as long as possible in hopes of putting you into the position you are exactly in right now, so that you might accept a quicker than normal settlement.

Your attorney needs to be on the hide of this other driver and in turn his insurer to get a partial payment of expenses WITHOUT any agreement to settle in full.

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ME

January 4th, 2010 at 4:12 am

I’m sorry to hear about your situation but glad everyone is ok. If you were not at fault, then the at-fault party’s liability insurance should be covering all your expenses. If they did not have insurance and you carry uninsured motorist coverage then this can pay also. Definately call your insurance agent and lawyer and discuss your concerns with them. Good luck!

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Brandon M

January 4th, 2010 at 4:14 am

Sorry to hear of all the grief you have been through dealing with the accident. The first place i would check is with your car insurance company and see if you had any medical payments on your policy. Those can pay out regardless of who is at fault and can help you to meet your health insurance dedc. The next thing you could look into would be filing a claim under your own insurance and having the Subrogate the claim. Check with your agent to discuss how that works and if it would give you some immediate relief. The other thing you could try and pull out of is the uninsured/ underinsured portion of your auto policy. Could potentially be some coverage there.

In any case I would look at trying to work with your car insurance company. They may be able to help get you some money until the settlement happens.

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mbrcatz17

January 4th, 2010 at 4:39 am

You can ask, but the lawyer really messes things up. They slow down payments, and the lawyer suggests litigation to the insurance company, so likely you’ll have to wait for ALL the claim to be settled – either in a court hearing, or via private settlement.

YOUR car insurance company is only required to pay “medical payments” coverage, up to the limit. After six months, likely the limits are exhausted.

Something else – the police DO NOT determine fault. THe officer can offer an opinion – which may or may not be upheld by the judge. I’d suggest if this insurance company was so slow to offer medical bills and accept liability for the accident, you have several things going on: 1. you have a comparative liability amount, depending on state law 2. the driver isn’t covered by their policy, in which case good luck collecting from them directly 3. fault is being contested.

The other insurance company won’t even TALK to you, and neither will YOURS, regarding this claim, if you’ve hired a lawyer to represent you. THEY CAN’T. They can ONLY talk to your lawyer.

ASK YOUR LAWYER, hey, what’s the holdup. Why isn’t there a settlement offer NOW. The settlement / liability offer should have been on the table within 2 months after the accident – even if it was just for the medical bills. Your lawyer probably knows EXACTLY what the holdup is.

If you want to speed this up, fire the lawyer, and deal with the other insurance company directly. If you insist on working through the lawyer, well, he’s already told you, it’s going to take 13 more months. That sounds like a trial to me.

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studstaplesushi

January 4th, 2010 at 5:26 am

File a claim under YOUR vehicle insurance for what’s called Excess Medical Bills. The other party should be responsible to pay this eventually but for the time being, this could help you out.

Its as simple as this, Ive been a claims adjuster for 2 years.

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minibush22123

January 4th, 2010 at 6:17 am

sue the bastard at fault or kill them all………hahahahahaha

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Phil

January 4th, 2010 at 6:52 am

Welcome to the world of insurance claims. Since you have hired a liar, the insurance carriers must deal with it. By the sound of your injuries, your med pay coverage is gone. Since the bills are still outstanding, you most likely aren’t in a ‘PIP’ state. So, what can you do?

Since the other party has insurance, your carrier won’t be any help. At best they will handle the underinsured motorist coverage. But that doesn’t happen until you go over the other carrier’s limits.

The other carrier most likely won’t make any payments until the end. In a few cases they might make a parital settlement, but this rarely happens when you have a liar involved. (Liars try to increase the bills to create a best lawsuit. It doesn’t help the insurance company to give them the money to do this.) Another reason they most likely won’t is because this case involves a minor child. This makes the case more complex, and exposes the carrier to additional problems.

Your best option is to have your liar write to the medical providers and request that they wait for payment until the settlement. They don’t have to, but sometimes will because it is better than getting stiffed. You are paying that liar a lot of money. Tell them to get to work for you and solve this problem.

Your other option is to go for the quick settlement.

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la428282

January 4th, 2010 at 7:21 am

It doesnt work like that. You simply have the coverage you have.. they can’t just “help you out”

Obviously you live in a state or elected not to have medical coverage on your policy (either that or its expired) although i symphatize with you.. they cant just magically add coverage.

Unfortunately, the lawyer slowed this whole thing down for you.. you could have probably had the companies policy limits within a month of the accident otherwise.

Once it goes over the at fault parties limits.. well.. thats life unfortunately. crap happens and sometimes people suffer for something they didnt cause. You can attempt to sue him to collect the money back.

Im sorry you had to go through this but coverage is what it is…

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LA Dave

January 4th, 2010 at 8:20 am

OK…I’m not certain why your Health Insurance isn’t covering this, they normally provide treatment and and then subrogate (recover) from the liable party. You need to find out why they are refusing your treatment costs.

You should check your policy for medical payments coverage. Typically policies have a limited medical coverage amount , usually 2-5K per person. Not a lot but it would help.

Finally, you don’t say whether or not the other driver was insured, only that you were not at fault. If the other driver WAS insured, tell your lazy @#$ lawyer to ask for an advance on your settlement from the insurer for your special damages. Special damages typically include medical expenses, car repair costs, rental car fees and lost wages. Often called “specials.” If he WASN’T insured, you have an uninsured motorist claim with your own insurer, which now has the duty to indemnify you as would an opposing insurer. The same thing can be done, ask for an advance for your specials. In either case whatever amounts are advanced will be offset (deducted) from your final settlement.

One last thing…what are you paying this lawyer for? To leave you to flounder financially and fish for free advice on line? Boy get down to his office NOW and demand action or find another one who cares.

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RichardFitzentite

January 4th, 2010 at 8:26 am

assuming you are in the US:

YOU SHOULD NOT HAVE HAD TO PAY FOR ANYTHING THIS FAR! You need to talk to your agent. If the other driver had insurance you should be submitting your bills to his company. You will get a settlement check later as you claim has closed, for “pain and suffering/lost wages” type of payment. You should talk to your agent immediately, they will/ should counsel you through this. If the other driver has no or little insurance then your uninsured/under-insured motorist coverage kicks in and you still submit all of your bills to your company and should not have to pay anything until your coverage runs out.

Seriously, this is a red alert. You should not have to pay a thing! Get your deadbeat lawyer and agent off of their asses and get to work for you. This is what you pay them for. If your lawyer screwed this up and made it so the company will only talk to him, then fire that lawyer and get a new one to deal with the insurance companies and sue your old lawyer.

The states require you to carry insurance so you don’t have to liquidate stocks and loose your home over a car wreck. IN NO INSTANCE SHOULD YOU HAVE HAD TO PAY OUT OF POCKET FOR ANYTHING RELATED TO BODILY INJURY, UNLESS COVERAGE HAS RUN OUT!!!!

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This is about Auto Insurance Information.

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