QuestionQUESTION: I was in a very bad accident in Jan 2009 I was hit head on by a non licensed driver who was killed instantly. I suffered a crushed patella , broken femur in three places and some other bumps and bruises. I still suffer pain from this accident everyday and have already settled my claim for pain and suffering (Michigan) My Insurance company is suppose to pay attendant care, loss wages and replacement services for three years, they paid for one year until I got disability and now refuses to pay my replacement services for last year because they say I got an award from disability and they want their loss wage money back> I never heard of anything like this, I'm new to Michigan. Can they hold that money and do I really have to pay them back my loss wages, replacement services and attendant care?
ANSWER: Hello Paula,
While I don't have all of the details, it appears that your company is no longer your primary coverage. Instead, your disability has taken over. I don't believe they expect money back from you, but rather from the insurance company that would have been the primary or responsible carrier. Insurance companies "subrogate" each other all the time to recover monies from each other. I assume this is the case here.
My concern here is that you are being shortchanged. Do you have an attorney? If not, perhaps you should consult with an attorney who can advise you if you are receiving all you are entitled to.
You should not being paying anybody back yourself. You are entitled to benefits regardless. If they want to argue among themselves, that's routine, but they cannot take the money away from you. If they made a mistake, that's their problem - it was their settlement decision. If it comes to that - you must seek legal help.
I wish you well.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
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QUESTION: I think I'm being shortchanged as well and I feel as though the attorney I had did not do a thorough job. I was not even reimbursed for my vehicle, because we only had liability but my vehicle was totaled and had a bluebook value of about 4000.00 but all we got was 500.00. Is there an advice you can give and where can I search to find out everything I'm entitled to before I take the chance of hiring another attorney whom I'll have to pay for much of doing nothing. Please help me.
AnswerHello Paula,
I don't understand why you only received $500 for a $4000 car? The at fault carrier would be responsible to pay you for the actual value of your car. Clearly you are being taken advantage of by someone.
Are you still represented by the attorney? If so, you need to speak to him and ask him all pertinent questions. He can't just choose not to advise you! He has all the details - which I don't have. If you do need to hire another attorney, most attorneys will provide you with a free consultation before you actually sign on with them. You would have to do this before you could make a final decision.
But I'm still stuck on your original attorney. He did receive a portion of your settlement - he's obligated to help you until the case is completed. Unless you dismissed him. Remember, the attorney works for you - not the other way around.
In any event, you need specific legal help. While I can help with specific claims issues, your problems appear to stem from issues that can only be resolved with effective legal counsel.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
