[cackmann]

I was in a car accident 12-28-07. I was not at fault and the insurance company has already taken care of rental car, car repairs. I have approximately $2000 in medical so far, numerous trips to doctors. er and now physical therapy. Whenever I talk with insurance they act like I am not entitled to any type of future medical compensation and should not settle until I am finished with treatment. I have bills piling up now I can't pay at once and they say they won't pay them until we settle. I had attorney contact them, they immediately called me but still seem like they are not cooperative. I have told them on more than one occasion their person slammed into me and I did not ask for all I have had to go through. What types of things besides medical, lost wages, mileage to dr. do I need to consider when looking at settlement offer?

[ScottGem]

Talk to your attorney. If they call you directly refer them to your attorney. Your attorney should advise you as to what a reasonable settlement should be.

Don't you have health insurance? If so, put in your claims and they willbillthe other driver's insurance.

[Fr_Chuck]

IF you have an attorney don't say another word to them, they will mess you up worst then.

Of course they don't want to pay any future bills, or lose of value on your car, Their people get paid not to pay too much, and they do this by withholding money till they can try and force you to settle for less.

If you have an attorney, if they call again, don't talk, just give them attorneys name and number

[moix4]

Are you talking about medical bills that are piling up, or regular bills? Do you live in a no fault state? Then your own insurance company would pay your medical bills. If you don't have no fault coverage, then you should have medical payments coverage. The only way your health insurance provider would pay for medical bills, would be if there is no other source to pay them.

As you have an attorney, DO NOT speak with their insurance company anymore, just refer them to your attorney.

[JudyKayTee]

Are you talking about medical bills that are piling up, or regular bills? Do you live in a no fault state? Then your own insurance company would pay your medical bills. If you don't have no fault coverage, then you should have medical payments coverage. The only way your health insurance provider would pay for medical bills, would be if there is no other source to pay them.

As you have an attorney, DO NOT speak with their insurance company anymore, just refer them to your attorney.

And if you personal health insurance pays the bills they will "probably" lien against any settlement.

[nikosmom]

Typically this is the way insurance settlements are handled. Once they settle with you, they want it to be, well, settled. Over. So they don't want to pay you, say, $5K now, but have you still coming after them for the next 2 years saying your neck is bothering you. Once you reach an agreement with them, they will have you sign a release form saying that your medical needs have been met and that you will not be gunning for them later down the road. Most doctors, if you tell them you've been in an accident will/can defer expenses to the at-fault party's insurance.

But if you have an attorney, they will help you maximize your settlement when it comes to being paid for your pain and suffering. Your attorney can also be of great help when it comes to getting some payments coming immediately to offset expenses during time missed from work. But this is usually only an option for a major accident, because otherwise injured parties will allow the "I'm so hurt" act to go on and on and on... Check with your attorney and do EXACTLY as he/she advises you; which I'm sure will mean no further contact with the at-fault party's ins. co. In the meantime, make sure you are keeping a detailed log of your pain and discomfort, your mileage, and any other expenses you feel you are incurring as a direct result of this accident. [ie. You can't ask for compensation because your daughter cried when she missed her girl scout meeting because you were too hurt to drive her] You can however (with proof) request reimbursement if you had to hire a part-time nanny to help you because you couldn't drive your kids to school. Keep in mind, the more you ask for, the more proof you will be expected to provide.

[JudyKayTee]

[QUOTE=nikosmom]Most doctors, if you tell them you've been in an accident will/can defer expenses to the at-fault party's insurance.



This is different from State to State and not the case in NYS, at least not in accidents I've worked on.