QuestionI was in an accident in Jan of 08. i was 5 months preg. at the time and it was a hit and run. I went to the chiropractor for a few months but had to stop because i was late in my pregnancy. After i had my son i continued. I also had physical therapy, steroid shots, and then an MRI which showed i had a herniated disc that was putting pressure on a nerve causing my leg to go numb and have shooting pains. I did lumbar epidural shots which made the pain even worse. Pain meds from the doctor made me sick so the next step is surgery. I'm 27 with a 3 yr old child, i didn't think I'd end up on an operating table this early.
my insurance company called me saying my claim was up next month and that they were working on a settlement offer. I went to a lawyer who's confused as to why the statute hasn't run out and refused to take my case even after my insurance company said on the phone the statute hasn't passed yet. SF has paid all of my medical bills relating to the shots, Dr visits, chiropractor, pt, and mri. My question is, the money i receive, if i have surgery in the future, will i have to reimburse my health insurance for it? even if it's a year after my settlement? and what's the likelihood I'll get a good settlement? they said if the man who fled stayed on the scene, i would've been able to sue and get 100k or more but because he fled i can only use my UN-insured motorist policy. why is that and will i have to pay future expenses?
will they be fair? they seem to be so nice on the phone and are adamant that i do get relief and get what i 'deserve' but is that just what they're trained to say to make me feel at ease?
AnswerHi Kate,
From this point forward you need to be very careful in everything you do or say with the insurance company. Do not trust anything the insurance comapny tells you on the phone. Always ask them to conform anything they say in writing. You should call them wright now and ask them exactly when the statute of limitations is up in your case and to provide you a written statement showing the exact date the statute will expire.
You should assume that the insurance company will not be fair. It is up to you to determine the value of your claim. Check your policy to see the limit of available coverage under your Uninsured / Underinsured Motorist Coverage. What ever it shows as the coverage is the maximum you can get. When you are determining the value of your claim you should include all of your past medical bills, potential future medical bills & pain & suffering of at least 5 times the total of all the medical bills.
When you get the written statement of when the statute of limitations will expire, you may want to seek the advice of an attorney. Take the letter to the attorney as proof that you still have a case. Remember, the statute of limitations is the expiration of the time you have to file a law suit if you do not reach a settlement figure with your insurance company. Do not sign any type of release form unless you are satisfied with the amount of the settlement. Do not trust anything the insurance company says. Have them put EVERYTHING in writing. They do not care about you. They are simply trained to settle the claim for as little as possible, and will do or say anything to accomplish that.
If you want to try to do this yourself you should visit www.collisionwizard.com It will help you organize all of your medical bills, put together a demand package and will also help you calculate the value of your claim.
I hope this helps
Richard Hixenbaugh
