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Additional Details
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Im presenlty in I... |
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Sara | Auto insurance policy? |
i know someone who is in a car accident during a snow storm.. she got hit, not badly but got neck pain. Now, she tells me that her lawyer is saying her auto ins wont be paying for any more bills and to bill the health insurance. I thought the lawyer is claiming against the other ins that hit them? anyone know any details on how this work? please advise.. thanks |
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mbrcatz
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Depending on her state tort laws, she might NOT be able to sue the other party.
Her lawyer can't "claim" on another policy. You can only "claim" on your own policy. Her lawyer can SUE the other party, and again, depending on state tort laws and her policy options, she may or may not be able to collect.
So, that's the details on "how this works", based on the "details" that you provided (none). |
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patrick
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Sounds as if you are in a no-fault state. The claim is being handled as a regular medical claim, under the car insurance policy. That policy has a limit for injury claim, that has no doubt been exceeded. That is why it is now being abrogated to the health insurance.
The attorney has not filed a suit asking for compensatory damages from the other driver. |
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Yo' Mama
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Every state is different in how they treat liability. In a comparative negligence state, when a person is injured through the negligence of another driver, the at-fault driver's bodily injury liability insurance will only pay at the time the claim is settled. If treatment is protracted and on-going, the injured person can go through their own auto policy if that policy has "medical payments coverage" for people riding in the insured vehicle, regardless of fault. Once the injured person is ready to settle, his or her insurer will send a notice of "subrogation" to the other insurer advising them what medical bills have been paid and requesting reimbursement. The liability coverage of the at-fault driver should then reimburse the injured person's insurance company at the time of settlement. It appears that your friend's medical payment's coverage limits were exhausted and there is some kind of continuing care; hence the attorney's instruction to go through the patient's regular or group health insurance. This is just a way to get the medical bills paid in a timely fashion without having to wait for settlement, which might otherwise jeopardize the patient's ability to pay for necessary medical care. |
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AmZ
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After the medical limit is exceeded on auto policy, it is handled as a medical claim. As bad as it sounds thats how it is unfortunately. |
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G
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It is all different depending on where you live. In NY, there is a NO-Fault policy where the Auto ins is liable to pay all med bills from the accident no matter who's fault it is (hence no-fault).
However, the coverage doesn't last forever and the ins co. can stop paying for med treatment after they've conducted an IME (Independent Medical Examination).
IME is when Ins Co hires their own doctor to see if you are truly in need of Medical Care. Most often, These doctors say you are okay so that the Ins Co doesn't have to pay med fees anymore. If the Car Ins stops paying for your med bills, your Health ins can pay for it. If there's a Bodily Injury Law suit set up, your Health Ins can get their money back from the outcome of the lawsuit.
No-Fault (or similar) Laws all differ depending on State. Your Friend should (if he has one) contact the lawyer who's representing them in the BI case (is he has one). but thats how it is in NYState |
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sporregar
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She might have used up to her policy limits.
Perhaps she put in a claim under her insurance and didn't go after the other party.
This is something she needs to discuss with her insurance agent and the lawyer. |
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Don
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If it was the other person's fault as you indicate, then their insurance would be primary. You didn't say if they had already settled the claim or paid out other injury claims. If your friend already signed off on the claim then that could be a problem. If the other person was not insured or under insured then your friends insurance will pay her, and it will up to them if they want to pursue the at fault driver to recover some of their cost. |
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mrsdeli
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That's crap. Your auto insurance provides PIP coverage, Personal Injury Protection. I've never ever hear that the PIP stops paying. Her insurance pays the medical and then they recupe from the other insurance. Her medical will not pay anything unless her PIP denies the claims. She will still have to submit everything to the Auto to deny before she can submit to Medical. I would ask the attorney to see in writing where her Auto will not pay anymore. May need to get a new attorney. |
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