Auto Insurance Claims: auto accident, chapter 13 bankruptcy, advance money


Question
Two months ago I was rear ended by a flat bed freightliner truck.Im injured,3 bulging disc's,1 herniation,3 into spinal canal,partial tear rotator cuff.I had liability only on my insurance,no health insurance.Not only do I have my normal bills,mortgage,but im also 11 months into a chapter 13 bankruptcy.These are the responses i've recieved from my attorney: move in with a relative,or well if you have to work,you have to work. Three weeks into the accident im trying to clean houses one handed with a friend splitting the money.Even tho im not suppose to work,and 3 houses a week is killing me.I've explained everything to the trustee,and bankrupty attorney.It's been almost 60 days and they finally totalled my car but no check.As I see it my only option is to take that check and catch up on my bills.This means no replacement car.Im also facing possible surgery to my neck and rotator cuff.If they do surgery best we can hope for is a 3 month moratorium on bankruptcy.Im barely making enough to buy food,almost 2 months behind on electricty and water.They are threatening to shut me off.Im in jeopardy of losing everying.I understand there will be a settlement...later...much later.That is not helping me now.Why can't the attorney and the insurance company replace some of my income right now?

Answer
Hi Betty,

I'm so sorry you are going through all of this.

Unfortunately, insurance companies do not advance money against a future settlement. They will not pay anything until a negotiated agreement is reached that you agree to and are willing to sign a release form in exchange for a check. This process is generally no done until you have completed all treatment associated with the accident. If you may require surgery, you will then have a prolonged recovery period. This process could take from several months to a couple of years before a settlement is reached.

Any money that you do earn, you should prioritize. Pay for food, lights, rent, transportation. Everyone else will just have to wait.

I wish you well.

Richard Hixenbaugh