QuestionQUESTION: A car backing out of their driveway, in our quiet residential neighborhood, while I was walking struck me around midday.
My main injuries were hip/pelvis fractures, which are taking a long time to heal.
The driver’s insurance company refuses to acknowledge that the driver hit me. I was taken to the hospital by ambulance.
I have not taken time off work because I do not work; although my spouse took time off to help me for a few weeks.
My medical bills, including chiropractic care, are about $10,000, but only $7,000 without. My health insurance carrier already has a lien.
Besides contacting my doctors and health insurance, do the defendant’s insurance company also bother/contact disability insurance companies too? Because of a prior disability, going to trial will take quiet a toll on me.
I am thinking that it will not be worthwhile for me to file a suit to go to trial because, most of what I can expect to get, will be given to the lawyer and health insurance co.; what do you think I can expect to get in this case?
Thank you very much
ANSWER: Ema,
Sorry to hear about your predicament. I very much think you should retain an attorney. Your case has the potential to be very valuable. Remember, at least in NY, the health insurance company is only entitled to reimbursement if you actually collect for medical expenses from the other side.
Simply file suit and DON'T claim the cost of the medical expenses as part of your claim against the driver. Your injuries and your pain and suffering could be quite valuable. I don't know your injuries or your medical history or the insurance coverage of the driver but a fractured hip and pelvis has the potential to be a mid six figure lawsuit.
Best of luck,
Ernest Ferraro
---------- FOLLOW-UP ----------
QUESTION: Please let me know; besides contacting my doctors and health insurance, do the defendant’s insurance company also bother/contact disability insurance companies too?
Also, wouldn't an attorney want me to file for the health insurance costs in order to get a portion of that; especially since my health insurance has a lien?
thank you
AnswerI'm not sure what you mean when you say: "do the defendant’s insurance company also bother/contact disability insurance companies too?" - if you have it, your own disability insurance might apply but probably not the driver's disability coverage which is typically only extended to his family. They will not contact your own disability coverage provider for you, if that's your question...
Health Insurance Costs: The important thing to remember is - if you don't sue for health insurance expenses (paid to you by your own insurance company) and you don't actually recover them from the driver's insurance company then your own health insurance company DOES NOT have a lien against you. They would only have a lien if they paid you AND then someone else (the driver) paid you for the same health insurance expense. Basically, you weren't economically injured - your insurance company was - it's their job to go after the driver who hit you for the health insurance costs they had to pay out to you.
There would be no reason for you or your attorney to make a claim for health insurance expenses paid by your own insurance company in your suit against the driver since you didnn't have to pay them... they were paid by your own health insurance company. As I said, if you weren't economically "injured" then you shouldn't bring a claim.
It's kind of difficult to describe in written words but I hope this was helpful.
Best of luck,
Ernest Ferraro
