by mommythree » Fri Feb 27, 2009 08:38 pm
My daughter was injured in an auto accident. In short it was deliberate. The sicko even knew that children were in the van. He cut off my husband after several attempts to run the van off the road. When that failed he swerved in front and slammed his brakes on. He then took off-FAST. We had a witness who seen the whole thing and made a report to the police. He was found 2 weeks later and charged. My daughter was the most injured. She hit her head, arm, knee and her neck and back are also hurt. She is being seen by our family doctor and is going to physiotherapy 2 times a week. This is her 3rd week and she seems to be getting worse. x-rays have been ordered and she is going to be seen by a psychologist because of fear and nightmares. She is a very bright 10 yr old and is very active...maybe the next soccer star. Her knee is so sore she can hardly walk. So scared for her future. Everything seems to be soft tissue but she is not bouncing back like they thought she would. I'm so angry at this crazed man for what he has done to her. I was told by my bodily injury adjuster that I should go after his insurance for pain and suffering?
Posted: Wed Mar 11, 2009 01:21 pm Post Subject: daughter
mommythree-Well, his company called me to ask if there were injuries. I told them I wanted to put a claim in for her injuries. She told me I should have a lawyer. I told her that I would prefer not to have one as long as she is willing to co-operate with me no lawyers need to be involved. She changed her tune and agreed with me. She said we can settle it ourselves. As long as I can provide all the med reports, etc. I wonder if she was relieved, she said yes as long as your reasonable then it should be fine. She said most of the monies will be from the Accident Benefit package anyways from my company for covering all her medical, etc. I'm thinking not!!! Can I have some advice. Should I seek lawyer, she was to happy when I wasn't getting one. I guess I am worried that I will not get enough of what she is entitled to an maybe a lawyer will.
Posted: Wed Mar 11, 2009 03:06 pm Post Subject:
She told me I should have a lawyer.
WHAT?Well that's a new one...She said most of the monies will be from the Accident Benefit package anyways from my company for covering all her medical, etc. I'm thinking not!!!
They may very well be true...it could be like a medpay claim...MAKE SURE thru your carrier that using this coverage will NOT generate a rate increase (you could also check with your Dept of Ins...they have a web site...and likely a consumer advocate you can call) also check to see if this coverage is subrogatable (will the other company have to pay this back) and also if you can 'double' dip...In most cases although your carrier may pay the med bills as you go, either the responsible party will (at settlement) have to pay them back..or the responsible party will have to pay you the med bills as well...it may not be this way in your state but you need to find out...oh also find out what your limit is on this coverage...Can I have some advice. Should I seek lawyer, she was to happy when I wasn't getting one.
Just because it will be quicker...not so much paper/letters, and b.s. to deal with...I have on occasion (unreasonable persons) begged them to get attorneys...but doubt this is your case...I guess I am worried that I will not get enough of what she is entitled to an maybe a lawyer will.
The Lawyer will also take minimally a third of the money...honey you can always get an atty later 'if' you don't think you are getting what she deserves...but you can't ''get rid'' of one once you have the atty...meaning if you get one now..you're stuck they are going to get their 1/3 of the settlement ..... and you will no longer be allowed to talk with the adjuster...you will have to call the lawyer to find out what's up....IMO it would be silly to give that 1/3 away when you have (at this point) no idea at all (yourself) what your daughters claim is worth, and won't until she's well...again...you can get an atty in two days or less...why give up 1/3 of her money unless and until you KNOW you need too? Did you ask her what this jerks BI limits are?Posted: Wed Mar 11, 2009 03:18 pm Post Subject:
Lori, it sounds like you are saying that if your insurance company pays yopur medical bills using your med pay then they can get reimbursed. Is this what you meant or did I read wrong? Also if you use your med pay does that cause an increase in your policy when renewal comes. I never checked to see mine but if your not at fault how could they raise your cost of insurance. I was told they could not. Sorry, I am a little confused and maybe just read wrong.
Posted: Wed Mar 11, 2009 03:34 pm Post Subject:
Lori, it sounds like you are saying that if your insurance company pays yopur medical bills using your med pay then they can get reimbursed.
Some states allow the subrogation of med pay some don't...so she will have to find out if medpay is subrogatible (if we're talking about medpay) in her state or not...it's not subrogatable in my state.Also if you use your med pay does that cause an increase in your policy when renewal comes.
That's why I wanted her to check...again in my state you CAN NOT be rated up for a medpay claim...It's very confusing...maybe later today I can research this...
Accident Benefit package
the OP posted...I have never heard of that...so not sure if that is the same as medpay or not...Posted: Thu Mar 12, 2009 10:20 am Post Subject:
How do I find out if if it subrogatable in PA and if it raises your insurance? That kind of seems unfair, especially the raise in insurance. If an accident is not your, or the OP's fault then why should their rates increase?
Add your comment