Auto Insurance Claims: claim system, personal medical insurance, lump sum settlement


Question
I'm having trouble comprehending the claim responsibilities system.  Hope you can help me.  I was rear-ended.  The other driver was ticketed.  I've opened a claim with the other drivers insurance company.  In the meantime, I have emergency room, surgery, physical therapy and other medical bills etc.  The adjuster from the other driver's insurance company says that their "policy" is to make one lump sum settlement.  That could be months down the road!  So I am forced to use the med pay from my own auto insurance, then when that is exhausted use my own personal medical insurance to pay for ongoing medical bills.  How is that fair?  Where is the liability from the other insurance company? I don't understand this system?

Answer
The system that you describe for settling 3rd party claims is standard across the industry and based on common and case law.  The only exception is in states that follow PIP law where everyone goes to their own carrier anyway.  Addressing all of the practical and legal theories or the fairness behind this is not feasible in this forum.  I will say that if insurance companies simply exercised a "pay as you go" policy, claims would take twice as long to settle.

You'll just need to refer the medical providers or other insurance companies to that insurance company when they ask you for payment.  As far as you using your own Med Pay, this does not effect your rates.