Auto Insurance Claims: PIP claims--How to do a thrid party demand, insurance claim settlements, auto insurance company

Question
My mother was in an accident and was mildly hurt. she's been to the doctor several times. the other driver's insurance has paid for the damages to her car but with still having to go to the doctor can she get a settlement for the doctor visits? or can she claim on her own Personal injury protection within her own auto insurance?  we don't have much knowledge of this stuff, she's over 70 years and i have never dealt with auto insurance before.

Answer
Hi Jayme

We are happy that your Mom was not seriously injured.  But even mild injuries do bring pain and suffering, and she is entitled to a payment for those.  We call that "general damages", as opposed to the payment of medical bills, which we call "special damages".

For payment of medical bills you can go to either company in a small case: the person at fault is the "tortfeasor" and his company is the "third party carrier"; whereas her PIP company is the "first party carrier".

Usually we want to use our medical insurance to pay the bills, but in a small case, you can use either auto insurance company.  She will have an obligation to pay back what the first party carrier pays for medical bills--and likely her health insurance also has the right to what we call subrogation.  That means the right for them to be paid off the top of your Mom's settlement to reimburse for the payments they made.

AS FOR GENERAL DAMAGES, those that pay for the loss of enjoyment of life and pain and suffering, you will make up an insurance claim demand letter http://www.settlementcentral.com/page0170.htm
Nothing fancy--just a basic description of the relevant facts.

Here are five steps to insurance claim settlements on a do it yourself basis.  First URL covers the topics of documentation and medical treatment for personal injury claims http://www.settlementcentral.com/page0024.htm

The second URL covers Effective Communication, Gather and Organize Facts, and Present and Settle Insurance Injury Claim http://www.settlementcentral.com/page0048.htm

Those should give you a flavor of how to go about getting a settlement for your mother's claim.  Do not worry about making a super demand letter.  Something simple will do, and especially if you can add facts about how the injuries have impacted her daily enjoyment of life.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com