Help! Struck by drunk driver, and insurance not helping, advice needed!

[PatsMom]

Regarding your medical problems, your regular medical insurance should cover you. Then they subrogate and try to recover from the other company.

Your insurance should also be taking care of your car. Then they go after the other company, assuming the other driver has coverage. If the other driver does not have coverage, then you should be covered under your uninsured motorist coverage.

I think you only need an attorney if you are contemplating a lawsuit. I'd worry more about just getting my medical issues taken care of and go through my medical insurance carrier to get that done.

 

[Zoesmama03]

ITA..an auto ins is not going to pay for something you might do and they don't get billed. They will pay for what bills you already have. I didn't see where you wrote it, but do you have a police report? This will be the sure fire way an atty can get the bills paid faster. Medical bills can be taken care of asap. Car damage shortly after. It is the settlement that can take years.

Yep, the lawyers help they either get the adjuster on the ball paying the right now medical bills sometimes sending you to their circle of Drs they know will wait for payment. They work with these Drs all the time. My lawyers also set up a trust fund to have these paid and in the settlement is where they get all those details straightened out make sure all medical bills are paid etc then they fight and mediate for your lost time and pain and suffering.

I did get upset with the chiropractor they had me set up with because the office wanted to double bill MY insurance and they got mad that I wouldn't provide the information. I have always carried 5000 medical coverage on my full coverage insurance but why go through my own insurance and risk having to pay some deductible or have my rates raised for using my policy when I didn't need to. No thanks.

 

[ideascubed]

Please hire an experienced attorney as soon as you can. In Florida, drunk driving means punitive damages as well if you go to trial. My dd and I were hit by a kid, insurance did NOTHING until we hired an attorney. It was like a magic door had open up. We got the medical treatment we needed, and our attorney ran interference from bill collectors (we had over quarter million dollars in medical bills) and helped us move forward with our lives. Of everything we've done for medical treatment, Barnes myofascial therapeutic has helped immensely. Best of luck.

 

[PinkJade]

I agree you need a lawyer.

Also, to anyone else, if you are ever in a car accident, and have any doubt that you are injured you need to go to the ER and get treated right then.
This type of scenario is exactly the reason why.

Some insurance companies are great, but others will fight you over every nickel and dime. If you aren't getting any results on your own, you need a lawyer.

And don't delay getting treatment, the longer you wait is bad for your health, obviously, and bad for your case.

Sorry you have to go through this and hope everything works out well for you.

 

[figaromeetsmarie]

If you didn't go to the ER right after the accident happened, you are probably out of luck per many insurance policies.

 

[torinsmom]

If you didn't go to the ER right after the accident happened, you are probably out of luck per many insurance policies.

Not true. Many injuries do not show up until 1-2 days after an accident. That is when whiplash and other hidden injuries become more painful. When I had my accident, we did not go immediately to the ER. We went later that day and they said I was fine. It was not until 2 days later that I had to go back to my doctor and started my course of seeing the chiropractor for 6 months. The insurance paid for all of that.

Marsha

 

[cole6179]

I would hire a lawyer. If you call one they usually don't require payment up front for an accident. They would take a portion of your settlement. However, you would prob get a larger settlement with one. And they can guide as to what to do.

 

[stacie_d]

Defense attorney here...No way should you be refused needed treatment period. Contact another physician or go to ER as others have suggested. As another has suggested, if you fail to get treatment, even if not emergent, that could be argued against you should this progress to litigation. Take care of yourself, get an attorney if you need to, place a complaint with your insurance company, and get well. These cases, if filed, usually are filed a year or two after the accident.

 

[Leajess99]

Not true. Many injuries do not show up until 1-2 days after an accident. That is when whiplash and other hidden injuries become more painful. When I had my accident, we did not go immediately to the ER. We went later that day and they said I was fine. It was not until 2 days later that I had to go back to my doctor and started my course of seeing the chiropractor for 6 months. The insurance paid for all of that.

Marsha

I had the same type of experience. I actually ended up being diagnosed with Post concussive syndrome a month later as I could not shake the vertigo and had no ear infection even though they had treated me for one thinking that was the problem. I also waited 2 weeks before getting treated and that was because the headaches would not stop no matter what over the conter and migraine meds I took. My youngest experienced headaches after the accident as well and the doctors were looking at starting her on migraine meds. In the end we went to a chiro and that was the best thing for us. The chiro we saw is excellent and if he thinks you are just trying to scam the insurance company ( I actually know one lady that was trying to do that with a store) he will refuse to see you. He has a lot of experience with accident victims and will not risk his practice for scam artists. Since he is not a true medical doctor he can refuse to treat you.

 

[MarilIncredible]

OP, if you aren't doing so already, keep a "pain journal" to document how you feel every day. Back when I was in a car accident about 12 years ago, it took several months for my case to settle, and I needed that pain journal to remember how badly I felt and for how long. For a few weeks, I was unable to sit for more than about 30 mintes at a stretch, and I had bruises and soreness that lasted for a long time. I also needed quite a bit of physical therapy.

 

[kymmyk13]

I work for an attorney who handles auto accidents. Go get an attonrey now. They will guide you through this process and also help you get the medical treatment you need. Just do not go to one that advertises on TV, they just try to settle fast and that is usually not what is best for the injuried party.

 

[angwill]

Beware of getting a call from the other persons insurance saying they want to send you a check so you can pay for the doctor. I was in an accident about 15 years ago where two people hit me. One guy had State Farm that worked with me and were fair. The other guy had All State who tried to claim they wanted to take care of me and send me to a doctor so they were sending a check for $100 to cover the costs. On the back of that check it stated that if I signed and cashed it I was signing off on the accident and would not be entitled to any more money. It is companies like that that make getting an attorney involved necessary.

 

[badblackpug]

I think the problem is that the OP refused medical treatment on the scene of the accident and, instead, opted to see her primary physician on an outpatient basis. The emergency dept would have taken her auto insurance (actually they would have insisted upon it) as the payment source for her treatment. I don't know if outpatient physicians are required to accept auto insurance as a payment form and the Op's health insurance probably will not pay as the injuries were sustained in an auto accident and the auto insurance should be the primary source. It seems as if the OP saw her primary and was referred for outpatient MRI.

As for going to the ER, and please understand this is coming from an ER nurse, the chances that an MRI will be done in the ER are slim to none. Generally, emergent MRI is only done if there are neurological symptoms (such as symptoms of spinal cord injury or severe brain injury) In all likelihood, the OP would, again, be referred for outpatient MRI.

I think the only way, really, would be to pay out of pocket and hire an attorney to recoup your expenses.

The other issue is that what your insurance rep told you doesn't sit right. First, if you were not at fault, the accident should, in no way, effect your driving record. Secondly, you should not receive a lower settlement if your insurance company handles it, "to cover their expenses." Your insurance premiums "cover their expenses." It sounds as if the rep is truing to get out of doing some work. I would call back and ask for a supervisor.

 

[tinkarooni]

Claims Adjuster here, it's been a busy insurance day on the boards I see...it depends what state the OP is in. In Pennsylvania as previous poster is from the laws are different than say NJ regarding who is responsible for the medical bills first. Not going to the ER immediately does not negate the OP injury but it does "lessen it" to a point. While she may still be injured it is a different type of injury, it wasn't immediate life threatening trauma, but OP isn't saying it was. So I don't really see a problem with not going to the ER that night....it happens all the time. OP you need to find out more about the laws in your state and your insurance company or agent should be able to help you with that, we really can't not knowing what state you're in.

 

[badblackpug]

Claims Adjuster here, it's been a busy insurance day on the boards I see...it depends what state the OP is in. In Pennsylvania as previous poster is from the laws are different than say NJ regarding who is responsible for the medical bills first. Not going to the ER immediately does not negate the OP injury but it does "lessen it" to a point. While she may still be injured it is a different type of injury, it wasn't immediate life threatening trauma, but OP isn't saying it was. So I don't really see a problem with not going to the ER that night....it happens all the time. OP you need to find out more about the laws in your state and your insurance company or agent should be able to help you with that, we really can't not knowing what state you're in.

Just to clarify... I wasn't saying not going to ED immediately negated her injuries, I mean more that I didn't know what the guidelines are governing whether or not outpatient medical consults and diagnostics were required to accept your auto insurance. I actually work in New Jersey and I know that auto insurance is always billed first for injuries sustained in car accidents. I know that health insurance can and will deny payment based on the fact that the claim should have been processed through your auto insurance. I just know that, here, the ED accepts auto insurance.

 

[seashoreCM]

You do need to notify your own insurance company even if you are not filing a claim through them immediately.

I believe that a health insurance company is secondary, not non-liable. That is, the health insurance company pays whatever portion of the medical bills that is not part of its deductible and not covered by an auto insurance company.

 

[Zoesmama03]

If you didn't go to the ER right after the accident happened, you are probably out of luck per many insurance policies.

I went to the ER the next morning. The Dr's said just whiplash and to take 800mg ibuprofen. I called the lawyer after that and they set me up with their own Dr.s and a chiropractor. I had so much tension and toxins in my neck that after my first adjustment I fainted. Definitely the sooner the better but you don't have to be seen that day. I felt no neck pain that day but woke up unable to turn my neck.

 

[squirrel]

I'm up in Canada and things are a bit different up here.

I did have to hire a lawyer as the insurance company here wouldn't even deal with me as I had an old car and the only damage to it was a dent in the bumper. They didn't think I had whiplash.

I ended up going to a massage therapist, chiropractor and then physiotherapy. I also switched doctors after the first or second visit to the chiropractor.

I wouldn't be in a huge rush to settle. I know you don't want huge bills that you have to pay out of pocket for, but sometimes it takes a while to know the full extent of your injuries.

My neck will never be the same as it was before I was rear ended. One other thing I learned, if you are in school - let the teachers know you were in an accident. That came back to bite me when the lawyer went to insurance company. I had only told one of my college teachers.

 

[a1tinkfans]

Hello all


My family and I were struck by a drunk driver in our car a couple of weeks ago. According to my insurance my car has been totaled. Myself and dd were injured in crash, back and neck, shoulder injures. Their insurance has yet to even look at the car to provide an estimate. The medical providers require cash up front to see us in this situation. I may need an MRI on my shoulder I'd prefer not to have to fork over the 3 grand for although the pain is increasing. We need a rental car to drive. Our own insurance has been wonderful and wants to settle the car right now, then colllect from the insurance, but up front tells us that it will be less than the other insurance should offer since they need to recover their costs and that it will harm our experience rating with the insurance and possibly cause our rates to go up....

Thanks

What advice do you all have?

state laws vary! That being said, I assume you are NOT in a no fault state regarding medical. Thus you are on your own in that regard and it can get quite costly, seeking professional assistance may be best.
As far as your car goes, first party (going thru your own carrier) is usually the best choice if speed is your issue. They will pay you, minus your deductible and then attempt to recoup the money from the adverse carrier including your deductible, it takes time, sometimes a long time, but they deal with the hassles and you can concentrate on getting better.
Again, laws vary, but "suing" or making a claim is based on "laws" that govern who can and cannot collect, type of injury, incapacitation, perm disability, temporary, out of work for certain period of time, etc etc...it is not like years ago, at least not in our state.
I say, take one thing at a time, resolve the car, get into treatment that you require and take it slow, statute of limitations also vary, but time is on your side.
Best of Luck and sorry to hear you were struck by a person that drank and drove, will people never learn????? SAD that they hurt so many people and kill even more, horrifying!!!

 

[TENIA66]

We agreed today to settle with my insurance on the car, but at a loss. The medical remains a question mark. Do we have to agreed to recorded statements with the insurance company of the drunk driver?