Auto Insurance Claims: payoff, trip mileage, statue of limitations


Question
if my medical bills are 14000.00 what should go iin to my pocket

Answer
Hi Rob,
You didn't provide much information for a question that requires a very long and complex answer.
There is a Statue of Limitations on settling a Bodily Injury claim.
If you reside in Tennessee or Kentucky that time limit is one year.  All other states allow at least 2 years and a very small few all 3 or more.
You first need to compile 2 identical files, one for yourself and on to present to the insurance company along with your demand for payment.  These files should consist of all your 'specials'.  That's the actual losses that you incurred, Ambulance, ER, each visit to a Medical Doctor, each visit to Physical Therapy, any special tests such as MRI or Cat Scan, Prescription Drugs, documented lost Wages and the mileage @ $0.43 per mile for each trip for any of these services.  Create a log for each trip showing the date and round trip mileage and the purpose of the visit.
I hope that you didn't use a Chiropractor.  All insurance companies are anti-chiropractor and only willing to consider 50%-60% of their charges as opposed to 100% for MD & Prescribed PT.  I am assuming that you are fully recovered and have no scaring or permanent injuries.
Once you have compiled all your losses and come to a total, it's time to prepare a written demand for settlement.
It would be a good idea to hire a paralegal for a few hundred dollars to properly prepare this demand.
You should demand 3 x your specials  and demand a response within 10-15 days.  Present this signed demand along with one of the files covering all your losses, they need to study this 'proof' in order to arrive at an offer.Their first offer will be much lower than your demand, but now you have two Dollar amounts to start negotiating from.
Do not expect to receive your full demand.  You will have to compromise (even more so if a large portion of your bills are for Chiropractic services).  This settlement will drag out over many months with each side making offers and counter-offers.  If you have not come to an agreement by the 17th month following the date of the accident (assuming your state has a 2 year statue) then you need to make an appointment for a consultation visit with the very best Personal Injury Attorney in your area.  In most states, this first consultation visit is free.  After discussing your case with the attorney, including showing him your demand letter and your file containing all your specials, you will be better equipped to make a decision as to retain his services or settle for your latest offer.
I hope this has been of help, please write again if I can be of more service.
Your feedback for my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-24-07 10:20 AM PST