Auto Insurance Claims: Discovery and why, claim settlement, insurance claim settlement


Question
I was in a wreck in Tx on Sept 16, 2010 I'm the person that was injured I've healed but still need work @ least two times a week, this person has State Farm insurance, my questions are concerning my dr bills. Am I still responsible for my bills accumulated from Sept 16? Can I pay my own bills with the money offered on my own? And can I cancel "discovery"?

Answer
 Hello Victoria,

Texas has PIP, no fault, which means you should have already had your medical bills paid up to the limits of your policy.  From there, if you have additional medical bills, you file through your health insurance.

The only other way to collect for your loss is to seek coverage from the at fault driver's bodily injury liability. If there is no liability coverage, or if the coverage is inadequate, you would have file a claim through your own Uninsured Motorist, if you have it.  Since you mention "discovery", I am assuming you are in litigation with the liability carrier.

Any settlement that you receive will take into account your outstanding medical bills.  Normally that is paid directly to the medical providers and then you receive the balance of damages for things such as lost wages and pain and suffering. And of course your attorney receives his percentage.

I cannot give you a legal opinion on discovery.  However, I can say briefly that if you are in the midst of litigation, discovery is not an option.  So in that sense, no you cannot opt out of discovery.  You need to discuss the details and your options for settlement with your attorney.

Hope this helps.  Good luck!

Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com