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post #16 of 32 (permalink) Old 09-17-2012, 10:45 AM
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Originally Posted by oic0 View Post
Do you have uninsured/underinsured coverage on your own policy? If so your insurance company will pay the difference then their lawyers will handle it.
Oh yeah, good point.


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post #17 of 32 (permalink) Old 09-17-2012, 11:55 AM
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Originally Posted by dattaway View Post
Most people don't know your own health insurance company will demand to collect settlement monies through subrogation. Your own lawyer might not even tell you this.
This might be false. My health insurance tried to deny a couple of my claims because they thought I was in a CAR accident. Apparently being in a car accident, 50% of the burden falls on my car insurance.

Since it was a motorcycle accident though, my health insurance covered it all. Something to do with them being classified as a recreational vehicle.

On the lawyer note, yes, lawyer up now. Your injuries sound and are far worse than mine were so I didn't max out the other guys insurance.

California minimum liability is 15k which I hit close to just between the bike payout and my medical bills, but they could have given me another 2-3k. I got lowballed, but I needed the money so I took the settlement. Essentially they paid me dollar for dollar for my medical expenses (even though my health insurance paid, they still paid me for it) time off work, and personal injury. The lawyer I talked to also told me it was a fair amount and that they probably wouldn't be able to get me much more.

Good luck. Keep detailed records of everything. Be prepared to write a demand letter if you don't like their settlement offers. Make sure you also go for future medical expenses on your broken wrist because problems might come up in 5-10 years, you just never know.
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post #18 of 32 (permalink) Old 09-17-2012, 12:00 PM
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Quote:
Originally Posted by danny500r View Post
This might be false. My health insurance tried to deny a couple of my claims because they thought I was in a CAR accident. Apparently being in a car accident, 50% of the burden falls on my car insurance.

Since it was a motorcycle accident though, my health insurance covered it all. Something to do with them being classified as a recreational vehicle.
I wish you were correct. Unfortunately, I was rear ended three years ago at a red light on my motorcycle. I'm now in collections from my health insurance company. They want money I never got, because my lawyer took it for expenses. I'm just going to wait if this will go to court. My credit already sucks.
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post #19 of 32 (permalink) Old 09-18-2012, 03:07 AM
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Bad enough getting run over but having to chase lawyers etc while laid up not cool. Sorry not in the US so I have no legal information thats relevant mandatory third party injury insurance and paying taxes into a state funded health care system doesn't seem so bad now.

Get well soon and hope things work out for you!
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post #20 of 32 (permalink) Old 09-18-2012, 07:18 AM
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Originally Posted by willpower101 View Post
Driver pulled out in front of me.
State mins in tn are 25/50/15
that's 25 bodily injury per person, 50 per accident, and 15 property damage.

I have no idea what the driver's policy is, but was told that if it's minimums, then I won't be able to seek a dime more than 25k - even including pain & suffering - without going to court.

However, I saw some laws in some states where the claim can roll over into property.

My problem is that my medical bills are easily going to go over!
5k ambulance ride + 5k hospital + 15k wrist surgery (tentative) or casting + whatever I need done to my knee.

I would really like a settlement, but I'm afraid I'm just going to be SOL

so here are some questions for people who have been hit before:

Q1. What happens when my bills go over the BI limits of the other driver?

Q1.5. Can I access the 50k per accident limit?

Q2. How and when can I or a lawyer "negotiate down" my medical bills?

Q3. Should I let my personal Health Insurance go ahead and cover all my bills? or should I leave the bills outstanding until a settlement?

Q4. How do I find out the other person's insurance limits? I called them and the refused to give the limits to me. Is that legal? Do I really have to pay to retain a lawyer to get these?

(I ask because, if I'm close to going over, I want to shop around a bit to keep my medical bills lower)

And any other relevant info you all might have for me.
(Dude lives in a $500 a month apartment based on his address, so I'm not enthusiastic about him having assets)
Source: I work at a personal injury law firm.

1. Use your health insurance.

2. The lawyer wouldn't negotiate your medical bills, but his legal assistant would. This happens ALL the time. Honestly. When we have a client that is in your situation (high medical bills and low limits) we negotiate the bills down. I've heard that conversation a thousand times. "Our client so and so has a lot of medical bills. The policy limits are low and we want them to still be able to get some money. Do you think we could cut that bill down by 45%?"

You'd be shocked to know how often doctors will do that.

3. Let your health insurance cover that. That is why it is there. Your health insurance would have subrogation rights to settlement money (meaning they are entitle to a piece of the settlement to pay themselves back.)

4. Once again an attorney. Get an attorney. Insurance companies don't really care what you say or do until you get an attorney and then magically they start cooperating.

Despite what others might think, all attorney's are not blood sucking scumbags. They have to make money and feed their families too. Oftentimes if you call a few different law firms and ask for a lower rate, you'll get one. Standard for any car/motorcycle accident is 40%, but if you explain your situation, I bet you could get a lower rate. Maybe even 33 or 30%. They're people too.

Whatever you do, just call an injury attorney now. I know that at our law firm you can talk to a legal investigator for free who can tell you anything and everything you need to know. Just call them. The attorney is the one who works for you and has your interest in mind.
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post #21 of 32 (permalink) Old 09-18-2012, 07:33 AM
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Quote:
Originally Posted by yamirider View Post
Source: I work at a personal injury law firm.

....
Good advice. This matches the experience with my wreck.
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post #22 of 32 (permalink) Old 09-18-2012, 09:08 AM
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Also, sometimes policies can stack. If you live with somebody else or if somebody else lives with that other guy, policies can stack. I know it sounds crazy, but it can work some of the time to get to that extra money. Don't be surprised if/when you hire an attorney that they are asking who you live with and if they have any vehicles and if those vehicles are insured.
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post #23 of 32 (permalink) Old 09-18-2012, 12:16 PM
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Quote:
Originally Posted by dattaway View Post
I wish you were correct. Unfortunately, I was rear ended three years ago at a red light on my motorcycle. I'm now in collections from my health insurance company. They want money I never got, because my lawyer took it for expenses. I'm just going to wait if this will go to court. My credit already sucks.
That sucks. I was only liable for my co-payments and deductible, which I actually got screwed on. My accident was on 12/27 so I had to pay my deductible for the year I got hit when I went to the hospital, and the following year since most of my major checkups were the week after.
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post #24 of 32 (permalink) Old 09-21-2012, 10:44 PM Thread Starter
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Wow! Thanks for the replies and support! I love this community I'll answer these below and add additional info. (typing is a B*tch btw ) Funny side note, I found this thread by googling! I apparently didn't have notifications turned on.

Quote:
Originally Posted by porky786 View Post
Sorry to hear of the misfortune, this gives a Look at reality. I would use your own Health insurance, to make sure you get fixed, thats the most important thing. Waiting on some other persons insurance for such, is not in you best interest to fix your injuries.

Its true, if they are at minimum liabilty, thats it unless you sue, and any judgement is not worth the paper its written on if they have no money.
You're right about the judgement, by his address he lives in a super cheap apt complex and you can't get blood from a stone. No use ruining his credit to try and collect on a jdugement that may never be settled.

It appears that the insurance Blue Cross Blue Sheild, is going to seek subrogation. I've spoken with 2 lawyers and have a 3rd monday morning. They all said to have bcbs cover me and they have contracts to negotiate the sub down to about 1/3 the total cost.


Quote:
Originally Posted by steingar View Post
$5K for an ambulance ride for a wrist injury? Was the ambulance a helicopter?
That was estimated by the clerk at the er. It was actually a bit less, ambulance rides are pretty expensive though. I have torn cartlidge in my knee, a sprained ankle, had a concussion through my helmet, a broken scaphoid, bruised inner thigh ligaments and back. I was pretty out of it after the wreck and couldn't really say no to the ride. (Dude actually jumped out of his car and started yelling at ME /smh)

Quote:
Originally Posted by oic0 View Post
Do you have uninsured/underinsured coverage on your own policy? If so your insurance company will pay the difference then their lawyers will handle it.
No, it was my roomates old beater bike. Both of ours are insured but we both just so happened to deny UIM. Never again. I did find out that uninsured motorist would have been used as "underinsured" and stack with the driver's policy, so I just upped my own policy from now on.

Quote:
Originally Posted by yamirider View Post
Also, sometimes policies can stack. If you live with somebody else or if somebody else lives with that other guy, policies can stack. I know it sounds crazy, but it can work some of the time to get to that extra money. Don't be surprised if/when you hire an attorney that they are asking who you live with and if they have any vehicles and if those vehicles are insured.
Never heard of this. Can anyone confirm? It's interesting but I doubt it will help.


additional info:
Lawyers fees are 33.3% so far. I haven't retained anyone.
Progressive has been badgering me for a statement. I haven't given one until I retain a lawyer.
Lawyers seem to think that with progressive, it's likely they'll only have 25k min coverage, however if they negotiate subrogation, I'll still make out better in the end.

I just REALLY wish there was a way to get the insurance company to give up the settlement amount before hiring a lawyer. I've considered just payinig one outright to moderate my statement, and go from there.

If they were willing to settle for 25k, and i could negotiate my own subrogation down to even 50%, i would still be better off financially than with a lawyer. However, I'm still inclined to retain one to be safe. Of course, if the insurance offers even 26k, then we know they have at least the next highest teir and it would be in my best interest to hire one. Kinda playing a back and fourth here, ugh.

Yamirider: your advice has been consistent with most everything I've found out. Thank you for that!

Any other input of course, will always be welcome
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post #25 of 32 (permalink) Old 09-21-2012, 11:19 PM
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Quote:
I wish you were correct. Unfortunately, I was rear ended three years ago at a red light on my motorcycle. I'm now in collections from my health insurance company. They want money I never got, because my lawyer took it for expenses. I'm just going to wait if this will go to court. My credit already sucks.
Damn dude, sorry to hear that. I was t-boned in my company car back in March and I'm still waiting for a payout to cover medical plus pretty much all years worth of burnt up vacation days. This summer was a complete bust, plus I'm getting 2nd and 3rd notices for the hospital and fire/rescue bills. God knows whats already gone to collections.

Every time I call my lawyers office, I get the same 2 week time-line from the assistant. "2 weeks till underwriter gets bills", "2 weeks till reminder to contact underwriter", "2 weeks till submitting proposed settlement"... So every 2 weeks, same cycle. Something in the system is so fucking broken.
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post #26 of 32 (permalink) Old 09-22-2012, 05:42 AM
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Originally Posted by danny500r View Post
That sucks. I was only liable for my co-payments and deductible, which I actually got screwed on. My accident was on 12/27 so I had to pay my deductible for the year I got hit when I went to the hospital, and the following year since most of my major checkups were the week after.
That doesn't sound right. You should have fought that. Since the follow up appointments were for the same accident, those should have been covered under the previous year's deductible - if your physician's office coded it correctly. I used to be a claims adjuster for a major insurance company - property/liability, not health.

To the OP: The insurance company has to act in good faith or they risk a bad faith suit. Some states allow 3rd party bad faith suits, but most don't. Not sure about TN, but if his carrier acts in bad faith and he gets sued by you, he can go after his own carrier for bad faith - 1st party. A standard settlement for us was 3x's the medical specials for pain and suffering, and a claimant didn't have to work too hard to get there. They'll try to settle for less, but they'll settle for that if you push for it. Did his carrier refuse to give you limits or did he refuse to give you limits? Don't talk to the other driver at all from this point, only his carrier, and if they aren't being cooperative, hire an attorney. You could also go through your carrier under your uninsured/underinsured coverage and let them subrogate his carrier.

Last edited by bassjones; 09-22-2012 at 05:44 AM.
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post #27 of 32 (permalink) Old 09-22-2012, 02:07 PM Thread Starter
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To the OP: The insurance company has to act in good faith or they risk a bad faith suit. Some states allow 3rd party bad faith suits, but most don't. Not sure about TN, but if his carrier acts in bad faith and he gets sued by you, he can go after his own carrier for bad faith - 1st party. A standard settlement for us was 3x's the medical specials for pain and suffering, and a claimant didn't have to work too hard to get there. They'll try to settle for less, but they'll settle for that if you push for it. Did his carrier refuse to give you limits or did he refuse to give you limits? Don't talk to the other driver at all from this point, only his carrier, and if they aren't being cooperative, hire an attorney. You could also go through your carrier under your uninsured/underinsured coverage and let them subrogate his carrier.
His carrier did, progressive, refused (the lawyer told me they rarely find out policy limits until they offer a settlement and even then they can only guess at what the full value is)

Sadly I declined UUIM
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post #28 of 32 (permalink) Old 09-22-2012, 04:06 PM
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Get a lawyer then. ASAP.
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post #29 of 32 (permalink) Old 11-21-2012, 05:37 AM
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An expert accident lawyer can give better suggestion about it.
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post #30 of 32 (permalink) Old 11-21-2012, 07:30 AM
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If you have some advice please give it in the open forum, otherwise you are just spamming.
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