by Marbleann » Fri Apr 10, 2009 01:42 am
I have been searching for answers and I saw this forum. Maybe someone can help. I live in Texas and was side swiped by a mini van who kept on going. My car went head on in to a the concrete medium on 45. One of my friends was driving my car, thankfully they walked away unharmed. All I remember is hearing some witnesses who actually came back around and saw what had happened. All together I have medical bills adding up to 200,000 dollars and I am still getting PT and OT. Luckily I have health insurance. Here is where I am confused at. I previously lived in NY which is a no fault state. Texas seems different. The PIP is only 2400.00 here. I got a letter and a few checks from my insurance stating I had reached my limit. My medical insurance kicked in there. In NY insurance usually takes care of all of the medical bills. My insurance still wants my medical bills and a paper releasing my med records to them because they say I am entitled to bodily injury. Now I already told them that my health insurance is now picking up the bill. But they said they know that and this is something different and they will pay up to 100,000 dollars. And they will offer me a settlement. Now this is my question I thought bodily injury only took care of the passenger if they did not own the policy. They know that I hold the policy but they are still paying it. One of my friends said it sounds like uninsured driver payout. But as far as I know they never found the driver of the hit and run car. Now I keep on talking to my insurance company and asking them what this is and they keep on saying it is for Bodily injury and they are aware I hold the policy. Is the law different in Texas or is it something else all together? I even asked if I had to pay the health insurance back, they told me they did not ask for it. Now I am not looking a gift horse in the mouth but I would like to know what is going on. Thanks in advance.
Posted: Fri Apr 10, 2009 02:42 pm Post Subject:
That is, this person _should_ be providing you BI coverage but he/she is not... as they are unknown. So they are considered "uninsured".
Do all insurance carriers consider such unknown faces as 'uninsured'? Or is it with a handful of them?
Posted: Fri Apr 10, 2009 03:06 pm Post Subject:
Do all insurance carriers consider such unknown faces as 'uninsured'? Or is it with a handful of them?
All of them... but at least some policies have conditions, such as there must be contact between the two vehicles.Posted: Sat Apr 11, 2009 01:45 am Post Subject:
Thanks again for all of your replies. I live in Texas. Everything seems a lot different then New York where I previously lived. My car was totaled and they gave me a check for that. Mind you I was in rehab while all of this is going on. What a pain. Houston was trying to hold my car hostage at the wrecker so I could not release my car to the insurance company. I had to get a friend who is a lawyer to threaten them. Then I needed my title but no one could find it so I had to get NYS to send me my title. What a mess. Now I just got home I got to gather all my bills and send it to them. I went to the orthopedic surgeon today and I to have 4 more weeks of therapy So my question is because I am still getting treatment should I let them settle now or wait. I am really at a quandary. About the car making contact, all I know is I heard something and the car started to swerve. If the driver did not do what he did we would of ran into a slew of cars. So it was either the medium or the cars. The witnesses saw what happened behind us, so I guess the insurance company got their statements, I must say my insurance company has been very good so far, but I have heard bad things about them so I am anticipating some type of problem so I am trying to get my ducks together. Considering I am taking pain killers and I am not at my best I really want to be careful and not let anything go wrong.
Posted: Sat Apr 11, 2009 03:12 am Post Subject:
I have little doubt that they will settle for your $100k policy limits. If they offer your policy limits you can settle right then and there as there is nothing else to pay.
Also, you _need_ to negotiate your medical bills down. Once you get the $100k offer, start calling your medical providers and see if they will accept 50% payments. Let them know that the money you are getting from the insurance company is not enough to address your loss so you need to see about paying them 50% of their billing. Let them know you can pay them that amount as soon as you get the settlement. They might want more... they might want 100% but most if not all will accept less.
Posted: Sat Apr 11, 2009 05:44 am Post Subject:
They already told me that my health insurance is not asking for anything and most likely will not. I am not sure if I should even ask my health insurance. So far they have paid for mostly everything. That is why I am confused a little. Wouldn't they reimburse them instead of me?
Posted: Sat Apr 11, 2009 10:22 am Post Subject:
Hi,
Let them know that the money you are getting from the insurance company is not enough to address your loss so you need to see about paying them 50% of their billing.
Won't this explanation go through any kinda validation from the carrier? Or is it that they usually accept such offers?
Let them know you can pay them that amount as soon as you get the settlement.
So, that has to be done in writing...am I right?
Steven
Posted: Sat Apr 11, 2009 01:26 pm Post Subject:
Thats right.... I forgot that your health insurance carrier paid the medical bills.
Posted: Sat Apr 11, 2009 02:46 pm Post Subject:
Thanks again. My injuries go way above 100,000, so you are saying they probably will not even offer 100,000? One hospital was 91,000 alone. And I spent over a month in rehab and is still getting rehab at home. Also are you saying they would pay my health insurance not me? They said they never asked for it and rarely do. I am really confused now.
Posted: Sat Apr 11, 2009 06:52 pm Post Subject:
I think your auto carrier will just offer the $100k limits and I think your health carrier won't seek recovery of any kind.
Posted: Sat Apr 11, 2009 07:57 pm Post Subject:
Thank you. That clears a lot up for me.
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