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 Posted: Wed Dec 02, 2009 8:46 am Post subject: PIP BENEFIT EXHAUSTED |
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I was involved in a head on collisio on 10/5/09 both vehicles were totalled and me and the other driver were taken to a hospital via ambulance. The other driver was found at fault. I have received a letter from my insurance company that my pip benefits have been exhausted and they stated all future medical bills should be billed to my health insurance. I am still seeing an ortho doctor, physical therapy and chiropratic care and can not afford co-pays if I use my insurance carrier. What are my options can the other drivers pip be used since I received a letter from his insurance company with a claim number? I do not know the other driver's limitations on his policy...
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| Posted: Wed Dec 02, 2009 12:35 pm Post subject: |
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| Quote: | | can the other drivers pip be used since I received a letter from his insurance company with a claim number? |
No...what did the letter say? | Quote: | | I do not know the other driver's limitations on his policy... |
That drivers PIP likely wouldn't help anyway...It depends on your state laws...does your state allow you to present a BI claim against the other partys policy once you have reached your PIP threshold?
Post your state, and we'll do some checking if you don't know.
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Lori
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| Posted: Wed Dec 02, 2009 2:26 pm Post subject: |
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Most likely your next recourse will be to have the other carriers bodily injury coverage address your loss. That is, the liability portion of the other person's policy. This payment comes in the form of a 1 time settlement payment... not as a ongoing payment. So everyone will need to know the full extent of your injury and treatment before a settlement can be negotiated. You will need to sign a release for this amount. The release states that your accepting payment and in return will give up any right of future recovery from the at fault party. Your health carrier also assumes your right of recovery for the medical bills that they are paying. So they may send a lien to the other person's carrier and want to be paid back for the money they spent.
You need to discuss this with the other person's carrier. |
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tcope
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| Posted: Sat Dec 05, 2009 9:55 am Post subject: |
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Lori - I live in Kentucky.
The accident was head on and other driver was found at fault. His vehicle (2009 Toyota Corolla) as well as my vehicle (2009 Dodge Journey) was totalled. I received a settlement check for $24k and some change and have since purchased another vehicle (2010 Dodge Journey)
Two questions:
1. Because my PIP has been exhausted, I have been told that I will have to use my health insurance to pay for my medical expenses. I have a major problem with that ...my physical therapy for my hand and shoulder is 3 times a week and my chiropratic care is 4 times a week..each visit is a $20 co-pay. ???
2. I have already over $10k in medical bills and have just begun physical therapy on my shoulder and wrist. I also have been seeing a chiropratic 4 times a week since a week after the accident (10/05/09).
On a settlement claims do scars and permanent nerve damage increase the value of the claim?
What time of ball park figure should I be requesting or expect when I am completely healed from these injuries?
Thanks
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alizay45
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| Posted: Sat Dec 05, 2009 1:05 pm Post subject: |
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| Quote: | | On a settlement claims do scars and permanent nerve damage increase the value of the claim? |
oh yeah...and depending on where the scars are, year and gender of injured person, a lot of things play into it.
| Quote: | | What time of ball park figure should I be requesting or expect when I am completely healed from these injuries? |
No way for us to tell without knowing exact injuries, your prior health status, age, occupation, etc...
I'd say you do need to contact this (at fault) carrier, and see if they will release (tell you) their insured's BI limits...
What are your medical bills to date?
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Location: Missouri
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| Posted: Sat Dec 05, 2009 6:00 pm Post subject: |
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Age - 45yr female... Prior health issues - diabetic. Occupation - manager of cellular store.
Current bills - exceed $15k
Just started physical therapy for wrist and shoulder.
Chiropratic therapy 4 times a week since Oct 09.
and I just obtained an attorney.
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alizay50
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| Posted: Sun Dec 06, 2009 12:55 pm Post subject: |
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| Quote: | | I just obtained an attorney. |
They'll handle it.. 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Location: Missouri
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