by sprite » Tue Nov 13, 2007 03:38 am
Could someone explain the claim process to me? My car was hit (and totaled) by a hit and run driver. There were several witnesses who stopped and wrote statements for the police. My medical expenses and treatment continue (a year later) and I would like some guidance as to how I can proceed. The statute of limitations is 2 yrs in my state.
Posted: Thu Dec 27, 2007 06:05 pm Post Subject: Hello!
Lori,
My little one was scared by the accident, but otherwise, is fine, thank goodness. Whenever I passed the site of the accident, I just shudder and thank God for sparing us.
I just sent a list of ALL of my dates of treatment and providers AND an updated HIPPA form to the adjuster.
I do not know how GEICO will account fo rmy lost wages.
Spite
Posted: Thu Dec 27, 2007 06:14 pm Post Subject:
Lori, do they have a standard way of calculating wage loss? I am sure this part will not be hard for them to do sprite.
As time passes, passing the site will get easier, hopefully anyway. I hope things get easier for your child too, they are so resiliant and bounce back quicker than we do, physically and mentally.
Posted: Fri Dec 28, 2007 10:35 am Post Subject:
Lori, do they have a standard way of calculating wage loss? I am sure this part will not be hard for them to do sprite
. Yep, your actual lost wages...They should've (or will) have you fill out a form giving your (previous if I remember correctly) employer your authority to release your information (ie what you make an hour/month however you're paid and how much time you missed), they will also (eventually) request a report from all your docs, which will say, 'we kept sprite off work ''blank'' amount of days due to her injury suffered in this accident'...Now, (without me reading the entire thread again) didn't you say you had to quit your job, or something due to the injury Sprite? or am I confusing this with another thread? If so, (and I think I'm remembering correctly) I think you were permanetly disabled due to the accident as well (as far as your job is concerned) so they will have to come up with a figure for that...Frankly I think there are sooooo many 'specials" (actual bills) that they are just going to get all the info together and request (from superiors) to pay/offer policy limits.....Posted: Fri Dec 28, 2007 08:01 pm Post Subject:
Sprite,
I really hope that you can so day be painfree, I know with my back it still acts up in the goofy weather, I am having trouble with it now, for about 2 weeks now. If it is a joint injury, it will probably haunt you for the rest of your life.
Posted: Sun Jun 29, 2008 03:17 am Post Subject: Update
Hello Lori and everybody,
I still need help with this claim. My first question is, is there a time limit for my claim with the insurance co? I mean, I filed the claim with them; if they do not pay by a certain time, does that mean they do not have to? It seems like that would not happen due to the insurance policy and their arrangement of accepting money for a policy but I do not know.
The update is that it is almost two years from my accident. Adjuster #1 representing the owner of the car offered me policy limits but I have yet to receive any follow up paperwork; MY adjustor, for my policy, told me that she wants to receive ALL of the bills before offering a settlement. And was waiting for the results of a special x ray that would show whether the bone was fractured (it did show that it was). I hope she receives these reports this week.
However, as a result of the special x ray taken this month, I went to see my doctor's colleague who was giving me a steroid shot for "trigger points" (from my injury) and I passed out cold; his nurse called 911; long story short, I was transported to the ER where they did some tests to see why I fainted (no reason really!), but that probably wracked up 3 or 4K MORE in bills.
It is clear to me that there is no sure cure for my injury. My surgeon said the surgery has risks. Pain control is my best bet right now.
HOWEVER, I have many outstanding medical bills because my health insurance does not pay for everything (at all!); if the ins company does not settle soon, what do I do? What if they won't pay? They have not said they will not pay -- they have said they want all bills to come in.
At this point, the med bills are about 75K and lost wages are 28K. I will need future medical care for pain and physical therapy.
I talked to the adjustor and she just said she needed the x ray results to settle.
WHAT TO DO?
THANKS
Sprite
Posted: Sun Jun 29, 2008 03:19 am Post Subject: sorry -- forgot my log in info
Anyway, I seem to have the only ins co that does NOT want the claim to be gone!
sprite
Posted: Sun Jun 29, 2008 12:09 pm Post Subject:
Hi Sprite welcome back! There is in every state a statute of limitations ask your adjuster what your states statute of limitation is, they HAVE to tell you, most (all that I know of) states have to advise you ahead of time before the statute runs but I wouldn't depend on that...ask them..
if the ins company does not settle soon, what do I do?
If the claimant carrier offered policy limits then call them back and see what's the hold up...Call your adjuster for the UIM claim and ask them what's the hold up here...and tell her about the additional bills..tell your adjuster that the claimant carrier has offered policy limits and what does he/she (your adjuster) need from them if anything (maybe a letter saying they paid policy limit)...basically just stick your foot in their rearends alittle..get t his claim moving again.What if they won't pay
they'll pay......Anyway, I seem to have the only ins co that does NOT want the claim to be gone!
:roll: ain't that just the way...sprite remind me please what are the policy limits from the other carrier and what are your UIM limits? If I remember you have about 200k available? Again get on your adjuster ask if they need anything before you accept policy limits from the other carrier...then call the other adjuster ask them where you can pick up the draft....then tell your adjuster the same....or ask what else do you need to also pay my policy limits, I want to get this over and done with......Posted: Sun Jun 29, 2008 02:51 pm Post Subject: Policy limits
Lori,
Just to review, first off, is the statute of limitations the end of the law suit filing period or is it the end of everything and the ins company does not have to pay if they don't pay by the two year period?
As for the claim: as you recall, I was driving my friend's car; my friend and I, by chance, both have the same ins co. The claim went to her policy and that adjustor offered policy limits, then it went to my policy with a new adjustor, and this adjustor said it might be settled by the two year date but she could not guarantee it.
I sense she was waiting for the x ray report as that does change the prognosis, and I just do not understand why they don't settle and close the claim. I wrote and demanded policy limits and they said they wanted to be sure they had ALL of the bills. With the fiasco last week in the ER, that is another set of bills -- including a radiologist and a cardiologist! --. My adjustor is not very friendly. I called the Bureau of Insurance in my state and they basically told me that if the company does not settle and pay by the two year date that they do not have to ever pay.
I negotiated to 100K on my own and this is MY policy for which I have paid policy for YEARS, so WHY do I have to hire a lawyer to sue them?????
HELLO??? That makes NO SENSE. If I have to sue them, shouldn't it be for breach of contract?????
Lori, I am waiting for your good advice.
sprite
PS My injury has become worse, not better!
Posted: Sun Jun 29, 2008 02:52 pm Post Subject: UIM Coverage
Friend has 100K per person 300K per occurrence
and so do I.
But I had two cars on my policy at the time, which makes me wonder if there is 200K in coverage on my policy, and not 100K.
Your thoughts?
Posted: Sun Jun 29, 2008 02:54 pm Post Subject: Health care costs
And, I pay 5000 a year, after taxes, for health insurance, and it does not cover all of my treatments; some of the bills for my treatment are so high that I have not been able to pay them yet. I need the settlement to pay the doctors and hospitals and such.
Grrrrr.
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