QuestionHi there,
I was rear ended while stopped at a red light last week. No cars ahead of me, so it was just myself and the driver who slammed into me. I got her insurance info and discovered that we both have the same carrier. I did not call the police to file a report at the scene. It was your typical rear bumper damage. I had neck pain and a headache immediately, and I told this to the driver. I told her to make sure she called the insurance to report the accident and that I would do the same. She agreed and immediately after she hit me she stated that she was sorry and that she "wasnt paying attention". Obviously.
The insurance adjusters from my side and hers have both gotten my statement. I was clear that I have neck pain and am seeing a Chiropractor. They (AND their medical adjuster) have told me that I have $500 on my insurance for my own medical bills, and that the other driver has not called them to claim responsibility as of yet. She have me her policy number, which is how I reported the accident, so clearly they must know she is at fault here. How else would I have gotten her policy number!?
They tell me that any medical bills over and above the $500 will have to be my responsibility. I challenged them and said that the driver who hit me should be covering that. They wont give me an answer. I dont even know what she carries for medical bills on her policy. I am certainly not going to pay out of my pocket for 24 chiropractor visits (my treatment plan). How do I make sure that the insurance pays for all of it? Am I entitled to more as a settlement even though I have not missed work? I am having to spend all kids of time going to get treatments, getting the estimate on the car, and my neck is sore. What do I ask for?
I dont want lawyers involved. The insurance keeps being very vague, and they say they give the driver 6 months to call and take responsibility! My Dr. is filing a lien on the insurance under the other driver's claim number and will wait for payment from them. I continue to tell the insurance that I will not be paying anything out of pocket. They told me that if I want my car fixed, I have to do it out of MY insurance policy ($500 deductible for repairs) and wait for reimbursement once the driver admits guilt. UGH. I cant do that. I am going to get the estimate today from the insurance's own estimate place. The damage is not major, so I will wait to have that done if I have to. But I shouldnt HAVE to! What can I do with these issues? I want to be sure they pay for all my medical treatments!! Thank you!
AnswerThis is not unusual. Unfortunately the other driver has not behaved responsibly. The insurer cannot accept liability under her policy without first speaking to her. They need to speak to both parties to ensure they have the full story. It is very common fo people to report different facts to their insurers. If she does not respond over an extended period of time, like several weeks or months, they will make a decision based on the information they have.
They should be making serious efforts to reach her including calling daily, sending letters, and sending someone to knock on her door. Ask if they have done this. If not, complain to the supervisor.
As for the injury claim, your policy will cover a small amount of bills ($500). In addition, you can make a bodily injury claim against the other policy. You would not make this claim until you hav been released from medical care, because you and the insurer will negotiate an agreed settlement. In exchange for the payment, you will need to sign a release, meaning your claim is over then. So you do not want to settle until you have fully healed.
The injury settlement will cover reasonable and necessary medical charges, plus related lost wags, and a subjective amount for pain and suffering. Keepmin mind that they will only include reasonable and necessary medical charges. I must say that 24 chiro visits sounds like a very large amount of treatment for the accident you described. They may question the necessity.
Once you have healed, I can help you determine a settlement value.
