[JaneF]

About 1 month ago, I got into a car accident. I was stopped at an exit ramp and another car hit me from behind. There was barely any damages on my car or his car. He claimed that someone also hit him from the back, but then drove away. Getting hit from behind hurt my neck/head (whiplash) and that worried me most. As soon as this happened, I wanted to call the police, but this guy tells me he has cancer and is late for his radiation apt, so on and so on... He refused to give me his insurance info. Gave me his name and phone number though.
I ended up having to go the ER, because the pain was bad and I wanted to make sure nothing was wrong. Everything turned out OK. I spoke with the guy who hit me, asked for his insurance info just in case. He said he'd call me back and never did.
I thought nothing of it, thought my health insurance would cover the ER bill and felt sorry for this guys since he has cancer and all.
Now I get a call from my health insurance saying they don't cover bills that are a result of an car accident - that's up to the car insurance to cover.
So I call this guys, try to get his insurance info. He refuses.
I filed a claim with my insurance company.
What now? Whose insurance will pay for the ER bill - his or mine? I have a feeling this guy doesn't have insurance because he offered to give me money instead of his insurance info. I refused. He's a slimeball, basically. Is my insurance going to go up because of this?
Thanks!

[ballengerb1]

Sorry to hear of your injury but don't worry too much.Your insurance company may go after him and his insurance, if he has any insurance. You need to file a police reprot even though too much time has been allowed to pass. Your rates should not go up because this was a "no fault" situation. I am actually surprised that it turns out he gave you the correct name and phone number. Now the police and insurance will have a starting point.

[tickle]

He doesn't want to report the accident because his insurance rates will go up. Most people nowadays settle the way he wanted to, money up front. There is nothing wrong with that. You should have taken the money.

[ballengerb1]

There is a serious flaw to the cash up front idea. Many injuries, like Jane's neck, may not show for days and how to you put a price tag on unknown furture treatments. If you accept money from him your insurance company will not go after him later because yousettled by accepting cash.Sure he doesn't want to make a report, maybe he has no insurance or any number of other issues to hide. No you should not take his cash and you should file a police report.

[JaneF]

Thank you for your prompt responses. The thing about money - my emergency room bill is over 1,000 because I got x-rays. He offered to pay half. I said forget it.
Obviously, its his fault. My insurance company told me that there's no need to do a police report now because it's too late - it happened on 2/27. SHould I still do it?

[ballengerb1]

Your own car insurance should cover you hospital bill unless your state does not require uninsured motorist coverage. Your personal health insurance will not cover this situation, they know someone else should be paying. I would still file a police report. Your insurance company may not need it to process your claim but you would be wise to still make out a report. Who knows, this other driver may have other issues or warrants out there.

[Fr_Chuck]

Ok, you were part of a bad cheat, this person most likely does not have any car insurance, may not even have a license, I am surprised he actually gave you a real phone number, most give you the public library number or something.

1. you learned a lesson, sorry he is late, but you always call the police, you get his tag number for sure, and a descrption of his car.

2. so now you need to file a police report and give them as much info as you have.

3. you need to file a claim with your insurance company ( but of course how do you prove he caused it, without a police report)

4. If your insurance company can not collect you know it wilil go against you and can increase your rates. ( more great news)

So that is all you can do now, turn it over to your car insurance.

And yes, your health insurance does not cover things that are suppose to be paid by some other insurance

[RichardBondMan]

Wow, lots of info here by not only the poser of the question but from those who answered. I have some experience not from a claims perspectibr or from an attorney's perspective but from an ins agent's perspective that writes about 20 auto policies a day. Here's what I think 1) first, if you choose to leave the scene without calling the police, that's a big mistake - always call the police unless it's impossible to do so due to your or someone else's injuries - you tend to loose any bargaining power if there is no police / accident report to solidify what you know occurred. If the accident is a serious accident, believe me you could be rear ended and knocked unconscious and the police will be there sooner or later to make a report. I doubt the police will even make a report now, how can they were all the vehicles, witnesses, drivers have left the scene ? 2) Look at your auto insurance policy, see if you have UMBI (Uninsured Motorist Bodily Injury coverage) - if so, then your insurance company will investigate to see if the at fault party who rear ended you has auto liability insurance and if he does, you can collect for your injuries from his liab insurance provided his ins company believe you and not him (remember there is no police / accident report to substantiate what you and him are saying), if he doesn't have liability insurance and you have UMBI, then your UMBI coverage will pay your medical expenses as well as your lost wages, if any. If you do not have UMBI coverage on your policy, then also see if your policy has Medical payments coverage --Med pay pays medical expenses of those in your vehicle that are injuried no matter who might be at fault. 3) If your auto insurance and the at fault party's auto insurance offers no coverage, go back to your health insurance company and ask them to place in writing that their coverage will not pay - I think it highly unlikely they can refuse to pay for your medical expenses for a simple auto accident - I don't know of any exclusion that would let them not be legally liable for covering your med expenses unless you were on the job at the time of accident and your company's worker's comp insurance would be then obligated to pay, regarless, they should pay or one of the two auto ins polices should pay if there is coveage on the auto policies and your health ins company can subrogate against any other person or insurance company that is found to be legally liable. Your profile does not state what state you live in therefore, I don't know your state's requirement is as to UMBI coverage. Fore example if you live in IL, UMBI coverage for yourself is mandatory on all auto polices. Personally, I don't agree it should be mandatory that your purchase UMBI coverage to protect yourself against those who hit and run or those that are uninsured or underinsured. It shoud be an optional coverage such as in AL and LA where I am also licensed. I hope my info helps you and is not too complicated.

[JaneF]

Wow, thanks everyone! I live in NY, should've specified. Until now I didn't even know that these laws vary by state. Just spoke with my insurance company. They said that no matter who is at fault, the rule in NY is that each insurance oompany pays for their own medical expenses. So my insurance company will cover my ER bill and my insurance will not go up because of this.
That's what I was told. Does that sound right?

[ballengerb1]

Yes, just as I stated earlier I did not think you rates will go up. Did you ever consider the part about filing a police report? Keep in mind the guy was possibly hiding a lot and doesn't want to be investigated. Also, your insurance may pat your med bills but how/who will handle property damages?