QuestionQUESTION: I have scanned alot of your answers but did not fully answer my situation(s). I hit a driver from Michigan in an intersection. He was making a left turn in front of me from opposite direction. The light was yellow at time of accident. Witness supports my statement and other driver was ticketed for failure to yield or failure to clear intersection. There was a car in front of him turning so I had no way to see him until it was to late. I braked whatever distance was left. He stated he accelerated to get clear of me. Impact was my passenger front to his passenger side rear quarter panel. We were both taken to hospital. I have suffered mild back pain, arm injury, and shoulder pain since the accident.
My questions are:
Should I let my insurance company handle medical and property expenses? His insurance company is claiming 75% liability.
I told my insurance company not to accept.
My doctor wants me to get an MRI on my middle and lower back. I cannot afford this out of pocket without putting my family and house at risk. I've missed minimal work and have not tried to run up any bills.
How do I handle the MRI expense? I have the money but it is my emergency fund. hence the exposure to my home and family.
I am considering getting a lawyer at this point but am not sure if this is needed. I don't have the time to miss alot of work as I value my career and I am needed due to our work load.
Does my health insurance pick up any of the bills? When I left the hospital I had a script to get filled and my health insurance paid most of that. Should they get reimbursed also?
Thanks in advance
I have enjoyed reading you answers to the others and keep up the good work.
ANSWER: Hi Buckeye1,
Many health insurance policies contain a clause that requires that you reimburse them from any settlement that you might receive from the at fault party. It's rare to find such a clause in an auto policy.
For this reason, if you carry medical payment coverage on your personal auto insurance policy that you process all your medical bills through them. It will also be in your best interest to allow your own company to repair your car. Once they have expended money, they will fight much harder for a 100% recovery as opposed to the 75% offer.
It is very clear that you have suffered injuries and will be entitled to a future settlement. No matter how serious your injuries may be or how much pain that you suffer, that is all meaningless if you don't have the medical bills and doctors reports to support your injuries and pain and suffering.
Follow your Doctor's advise and have the MRI and any other tests that he feels necessary. Once your doctor has a better idea of your injuries, there may be a need for surgery or a prescribed regimen of physical therapy. All the costs will be covered either by your auto medical (first) or by your health insurance if your bills become so high that you exhaust the limits of your auto medical.
You do not need to retain an attorney at present, but if you were talking to one right now, the first thing he would say is TREAT -TREAT
NO MEDICAL BILLS =NO PAYMENT.
Once you have recovered, the value of your claim is based on, but not limited to, your medical bills, physical therapy, lost wages and the severity of your injury and whether there will be a lasting disability or if the injuries will cause a change of jobs or lifestyle.
In most cases, you can handle the claim settlement yourself without the need of giving 1/3 or more to an attorney. Write me again when you are fully recovered and perhaps I can help you decide how much to ask for as compensation.
Every state has a statue of limitations, within which a claim must be settled or a lawsuit filed. That limitation is one year in Kentucky, Tennessee and Louisiana. The most common is two years (21 states, including Iowa). Other states vary from 3-6 years.
I hope this information is helpful. Please write me again anytime that you feel that I can be of assistance.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay area
---------- FOLLOW-UP ----------
QUESTION: Thanks for your quick response.
I have my MRI tomorrow and will seek treatment until I am recovered. I have started a notebook to record times and how I am feeling each day.
My car sustained $11,600 in damage. I have scanned some of your responses to seek and not seek diminished value. My cars NADA value is around 21K. Would this qualify for diminished value?
The other parties insurance company has contacted me and asked how I was doing. I told them I was busy and would call them back. Should I talk to them? Everything goes through my auto insurance now so I feel they are looking to get off the hook somehow.
These doctors visits are taking away from me getting 40 hrs a week and overtime I was getting prior to the accident. Can I show average hours prior to accident and hours since and get reimbursed for this. We were really counting on my overtime and now watch my savings diminish.
AnswerHi Buckeye1,
The major things that are going through your own company right now are the repairs to your car and your medical bills.
You will eventually need to open a channel of communication between you and the adverse party, because they are the ones that are going to be paying you a settlement for pain & suffering. There is reall no reason for doing that until you are at at least 85% recovered. In the meantime, just tell them that you are still treating.
Be sure to keep a good record of your NET lost wages, because they are recoverable as part of your settlement.
Yes, you are entitled to diminished value. This is something that you will have to handle on your own. You can hire a local expert in diminished value to assist you or you can look at the following site.
www.collisionclaims.com
You can expect it to cost you about $350 to get an ecpert to work up the diminished value and then testify in court.
Good Luck,
Bennie
