Been in an Automobile Wreck?
You may feel the playing field is NOT level because:
You can’t work, there’s no money coming in & the bills still have
to be paid;
You’re injured, been to the doctor, and, those bills aren’t paid
yet, either;
You really need more medical care, but can’t afford it;
Your employer doesn’t care why you’re out of work & the absences
are still counting against you;
The insurance company’s adjuster just wants you to settle quickly
& keeps telling you, “this offer may not be available later on”...
- I have experience in dealing with all the major insurance
companies;
- When you call my office, you’ll speak with me, your
potential attorney, not my assistant;
- I also work extensively with clients who have work-related
difficulties and can use that experience to help clients who
have employment difficulties because of the auto collision;
and...
- I’ll offer you a free initial consultation and won’t charge
a fee for my services unless I settle or win compensation for
you.
Frequently Asked Questions:
What is a fair settlement in a wreck case?
It depends and, contrary to what you may have heard, there is no
magic formula in wreck cases. Here are some things to take into
account: You will make separate claims for both your property
losses and for your personal injuries. For your personal injuries,
the law entitles you to be compensated for your medical expenses,
your lost wages, other “out of pocket” expenses that are the
direct result of the collision, for any permanent impairment or
scarring that you suffer, and, for your mental pain and emotional
suffering.
What kind of documentation will I need?
An insurance company will look at the entire record of your
medical treatment following the wreck, (not necessarily just the
bills), any photographs of the damage, receipts for prescription
medication or other medical items you had to purchase, plus
receipts for any of the other “out of pocket” expenses you want to
claim. Also, if you are claiming lost wages as a result of the
wreck, you should provide some record from your employer showing
the absences that were caused by the wreck and showing what your
rate of pay would have been for those days you were out.
What if I am hurting but haven’t gone to a doctor?
The decision about whether or not to seek medical treatment is, of
course, a personal decision. You should know, however, that the
only way that an insurance company can evaluate a serious injury
is to see what an “expert” says about it and they usually defer to
doctors to say whether and how seriously someone’s been injured.
What if I can’t afford the medication the doctor prescribed?
You should do everything you can to comply with your doctor’s
medical advice. Do tell your doctor if the medicine is not
affordable; he or she may be able to come up with an alternative.
Do tell your pharmacist, as well. There are some times when a
pharmacist can offer a partial prescription or can suggest an over
the counter alternative.
Should I give a recorded statement to an insurance adjuster?
It depends. You should cooperate with your own insurance company.
You may want to give a statement to the other driver’s insurance
company if there is a dispute as to how the wreck occurred. An
attorney can evaluate the particular circumstances surrounding
your claim and advise what is in your best interest.
What if the adjuster asks about my injuries?
Tell the adjuster whether you are still getting medical treatment.
Leave talking about what your injuries are to your doctors.
Is there anyway to get medical bills paid before settling my
claim?
There may be. Some people carry a “medical payments” policy (“medpay”)
which will pay medical bills up to the policy limit (usually,
$1000, $2000, or $5000, depending on what the policy holder
selected). Medpay may be available to you from your own policy, if
you selected such coverage, or, from the policy of the car you
were riding in, if it wasn’t your own. You cannot get medpay from
the auto policy of the car that collided with yours.
Should I file my medical bills on my health insurance?
YES. Did I say that clearly enough? YES. Depending on your
situation, automobile liability insurance coverage may be
uncertain or not enough. Health insurance is certain. You pay for
the coverage. You’re entitled to it. If the medical provider
hesitates, insist they file. If they refuse, call your carrier and
tell your health insurance carrier that the provider is not
honoring its contract with them. If your health insurance carrier
says they may be entitled to reimbursement once you collect from
the automobile liability insurance policy, they might be right.
Some are entitled to reimbursement, Some are not. But, in any
case, there’s plenty of time to work that out AFTER you get the
medical treatment you need. Show the provider your health
insurance identification card. And by the way, if a health care
provider asks you to sign something giving them a right to the
proceeds of your settlement from the automobile liability policy,
you should speak with a lawyer before you sign. I know you don’t
want to get medical advice from your lawyer; likewise, avoid
getting legal counsel from your medical provider.
If I have disability insurance, should I use that?
If you are going to be out of work for more than a week because of
the collision, you really should. Again, you’ve been paying
premiums (one way or another) for just his sort of occurrence.
This insurance is meant to protect your income while you recover
from an injury. Protecting the income stream will make you less
vulnerable to pressure tactics from an automobile liability
insurance adjuster.
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