Legal Question in Personal Injury in California
How to settle a medical clain with the other parties auto insurance?
I was in an auto accident a little over a month ago. At the present time, the case is going into arbitration. Shortly after the accident the other parties insurance company told me that they have two witness's saying that I was at fault but that they would still settle a 20/80 % on my medical and would issue me a check for $550. Though my back was bothering me after the accident I wasn't sure what to do, and didn't seek medical attention until 3 weeks later. Now my doctor says that my back was strained and that I need physical theropy.
Since the first offer the other insurance company has changed their minds and isn't even going to settle the 20/80 with my insurance company for the collision damage (~$2,500 in damages) and that they are going to fight that in arbitration. The only reason they are still going to issue me $550, is cause they already threw that out there at me. I'm just not sure to what the right thing is do do in this case. Do I settle right away? Do I start my treatments with my medical insurance and go after them for the cost? Do I need a lawyer?
5 Answers from Attorneys
Re: How to settle a medical clain with the other parties auto insurance?
First, it surprises me that your case is being arbitrated just over a month after the accident?
Did you agree to resolve via arbitration? Did you sign any documents to this effect?
Do you have witnesses in your favor?
You should most certainly consult with an attorney to find out what your options are... and, if liability is in your favor, you should have no problems finding a doctor to treat you for your injuries.
You should not attempt to settle or arbitrate this matter until you have resolved from your injuries.
If you are in the area, I offer free consultations.
Good luck...
Re: How to settle a medical clain with the other parties auto insurance?
get an attorney
Re: How to settle a medical clain with the other parties auto insurance?
Insurance companies are not your friends, so the fact that they've decided their client is even 20% at fault, and that they'll pay you any amount of money, means that you're probably entitled to more. You should consult with a personal injury attorney before agreeing to anything, including arbitration, and especially before signing anything, like a release or a check. After hearing the facts, the attorney will have a pretty good idea of the value of your case, and whether the insurance company's offer is worth taking--I suspect it isn't, but find out for sure. Keep in mind too that the statute of limitations for personal injury is one year (six months for government entities), so don't let time slip by.
Re: How to settle a medical clain with the other parties auto insurance?
Thanks for your question. Do NOT accept or cash ANY checks from the insurance company....they are out to screw you. You should immediately talk with a lawyer to determine your rights. I will consult with you for free. Good luck.
Re: How to settle a medical clain with the other parties auto insurance?
If your accident was only about 1 month ago, the only arbitration that would be going on would be between your insurance comopany & the other insurance company to determine whos hould pay for the property damage to one or both vehicles. That "inter-company" arbitration is not binding on your bodily injury claim against the other driver or the other insurance company.
You should obtain a police report if one was done and you have a right to get the full identification on all witnesses from the other driver's company. Your bodily injury claim includes medical bills, wage loss (if any) and pain and suffering. With the accident being so recent, you should not be under any pressure to settle the injury claim as there is plenty of time to get the proper medical care and then negotiate a settlement.
You should also utilize your own medical payments coverage on your own auto policy (assuming you have that) and any health insurance you have. There is no need to be under any pressure to do anything at this early stage from the other insurance company.
At this point, it would not hurt to get a free consultation from a personal injury attorney in the area where the accident occurred. If you are in the Orange County area, I would be glad to give you that free consultation. Contact me at (714) 963-5123, Sam M. Eagle, Attorney, 10101 Slater Avenue #218, Fountain Valley, Ca 92708.
Web address: www.eaglelaw007.com
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