(Closed) Anyone ever been injured in a car accident?

posted 8 years ago in Legal
Post # 3
Hostess
18646 posts
Honey Beekeeper
  • Wedding: June 2009

I had pretty bad whiplash from a car accident a few years ago.  In my state, the insurance allowed me to bill the accident to them, and then they went to the other person’s insurance to get the money back.  I would call your insurance to check with them that the doctor’s office is right that they can’t bill anything to your insurance for this accident.

Post # 4
Member
4123 posts
Honey bee
  • Wedding: October 2010

Fi and I were rear ended last august… it’s going to depend on the state and your insurances etc… for us…

VA is a triple dip state.

1) First line is medical insurance.

2) A clean bill (i.e. summary of charges not amount left after insurance paid) can be sent to your own car insurance if you have a med pay, and this will not affect your rates. We did this, and we were refunded the difference that insurance paid, i.e. money in our pockets.

3) A clean bill is given to the offending parties insurance who then comes up with an all encompassing figure to pay your bills and time and suffering. We’re actually still fighting them for this! Essentially, they would give us a check which we should use to pay expenses related to accident and time off work, etc.

Again, state laws vary so get a few opinions. Also, our Chiro basically didn’t make us pay out of pocket up front, but made a “tab” that we would be ultimately responsible for if stuff fell through, but to be billed to insurances

Post # 5
Member
5494 posts
Bee Keeper
  • Wedding: August 2011

Do you have med pay on your own insurance?  if you do, it should cover your medical bills upfront.  Also do you have health insurance which can cover this?  If these two are not an option then yes you do have to pay upfront.  As long as the other insurance company has accepted liability, (and has informed you in writing), and your medical bills seem reasonable, yes they will pay them.

Are you going to a chiropractor or a ortho specialist?  

 

ps. i’m an attorney for an insurance company so this type of thing is a huge chunk of what my practice consists of.

Post # 7
Member
1701 posts
Bumble bee
  • Wedding: October 2010

I once leased a car that I swear was newer when I turned it in than when I first got it.  This poor car got hit once every 6 weeks.  Every time I took it to the body shop, they ordered 2 rear bumpers.  The standard is 4x your medical bills to reimburse you for the bills, pain & suffering, etc.  That is what insurance companies budget per incident (my aunt worked in claims for several major insurers).  When you are 100% through with your medical, physical therapy, etc., ask the other insurance company for more than that, but don’t settle for less.  If they won’t play, get an attorney.  The attorney will cover it for nothing out of pocket, but take 33-1/3% of the settlement.  Don’t sign anything until you are sure you are recovered and have a check in your hand.

THANK GOD I was never seriously injured.  However, the last one put me in physical therapy for 3 months and I had pain for years.  Whiplash is really no joke.

Post # 8
Member
937 posts
Busy bee
  • Wedding: September 2010

No! Call YOUR insurance company and open up a PIP (personal injury protection) claim. You have PIP protection as part of your auto insurance policy, regardless of who was at fault for the accident- (even though, if you were rear-ended, that other driver is 100% at fault for the accident). Please do not wait- call your insurance company and open up a PIP claim now. You should NOT be paying out of pocket for this- your insurance company should be covering your expenses as part of your PIP coverage.

If you have any questions, PM me. I used to be a litigation rep for an auto insurance company and used to handle cases all the time. And FI is an attorney for an auto insurance carrier.

Post # 10
Member
5494 posts
Bee Keeper
  • Wedding: August 2011

@Georgia Bee:  I have to disagree on the x4 your med bills thing.  I’m a defense attorney for major insurance companies so I’m the person negotiating if another attorney gets involved.  Unless there is SERIOUS injuries, i’m talking someone losing a limb, rarely does the Plaintiff walk away with more than two and half times the med bills, (and that now has to be split with their attorney as well).  And even that is not a sure thing.

to the original poster: you really should not take too much advice on real life issues from a wedding discussion board, (including me).  call your insurance company and discuss this with them.

Post # 11
Member
4123 posts
Honey bee
  • Wedding: October 2010

I WISH it was 4x’s! We could have a sweet wedding off that! That’s actually why we’re still fighting them, and may have to lawyer up soon. They’re offering about 1.5 times the bills… And I had a fractured leg that couldn’t even have a sheet touch it for 18 weeks… 

Post # 12
Member
937 posts
Busy bee
  • Wedding: September 2010

P.S.} Meowkers is right. And Georgiabee, I respectfully disagree. 4 times the meds is what you used to be able to get back in the day, it doesn’t work like that now.

To the OP: the laws vary from state to state (but not TOO much), and you should definitely CALL your insurance company. I’m sure your Dad means well, but he is not giving you accurate information. Your rates are not going to go up b/c you are trying to get coverage for injuries sustained in an accident- regardless of fault- but especially given you were NOT at fault for the accident.

ETA: What you end up getting in a settlement from the other vehicle’s carrier depends on many things- aside from the severity of your injuries, it also depends on how much the other driver is carrying on their auto policy.

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