Auto Insurance Claims: Auto Accident Claim, workmens comp, state payments

Question
Hi, I was rear ended leaving my job and going home which landed me in the ER with a large bump on my forehead. My job said it had to be filed under workmens comp. Both the other drivers insurance and worker's comp are giving me a run around by not paying the medical bills. Now the auto insurance wants to settle, she says give her a dollar amount, but don't they have to pay all bills first before I settle? Thanks

Answer
Pam,

If the insurance company want's a demand, demand the total amount of your bills, plus whatever else it is you seek. Generally, to answer your question, yes. You should have a good handle on what the outstanding amount of your bills are before settling. You also need to know that from the companies that did make payment of your bills, are they going to want to get paid back out of your settlement. I

f they want a demand now claim all the amounts billed, regardless of whether they are going to be paid in the future. As stated, depending on the laws of your state, payments made by Workers Compensation or your insurance company for medical bills and lost wages may need to be paid back to those companies.

The insurance company for the person that caused the accident will likely require you to sign a release. This release will likely release them of any liability to third parties that made payments on your behalf. (leaving you on the hook to resolve those balances out of your settlement)

Best of luck.

Marc B. Nussbaum, Esquire