Pain And Suffering if med.bills paid by travel insurance?

by rln198 » Mon Jul 15, 2013 06:53 pm
Posts: 1
Joined: 15 Jul 2013

Hello! Could somebody, please, give an advice to a foreigner?

I was hit by a car on a pedestrian crosswalk while visiting California recently.

As I had a travel insurance from my domestic insurance company, I didn`t make any claim in the US to the driver`s insurers right away - just called them to report the accident, and said that I`ll contact them later from back home after consulting with my lawyers.
They confirmed both the accident and the driver`s fault (there was a police report, witnesses and all), said they`ll be waiting for me making a claim, and sent me all the Release forms to sign. (I didn`t sign anything yet either.)

Later, all my medical bills from the ER were paid by my domestic travel insurance company.
At the moment I don`t expect any more medical expenses following this accident.

But - when the accident took place, I had no idea about that "pain and suffering" amount that the driver`s insurance company would pay, calculating it by my medical expenses and lost wages.
So now my question is: (if I`m not taking it to court) - is it still any possible for me to ask the driver`s adjuster for "pain and suffering" money (or any)?

Or, since all my medical bills were already paid by other company, they just won`t give me anything now?


Thank you very much in advance! - any help will be greatly appreciated!

Total Comments: 1

Posted: Tue Jul 16, 2013 12:52 am Post Subject:

So now my question is: (if I`m not taking it to court) - is it still any possible for me to ask the driver`s adjuster for "pain and suffering" money (or any)?


Yes, you make a claim for your pain and suffering.

Or, since all my medical bills were already paid by other company, they just won`t give me anything now?


Are you obligated to pay your travel carrier back? If they don't ask for the money then I'd not worry about paying them. But keep in mind they make have a right to have you pay them back. So what you'd want to do is not even mention the travel insurance. Ask the other person's insurance company to pay your medical expenses and your pain and suffering (you need to come up with a dollar amount for the pain and suffering). Once you settle, keep money set aside in case the travel company comes back to you asking to be paid back. If they do, tell them you spent most of the money and ask if they would take a reduced amount (after all, you did their work in collecting from the at fault party).

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