majik

I'd like to talk to somebody about an insurance claim, and I'd prefer not to post all of the details out here in the open. Does anyone work for an insurance company, or able to provide personal experience?

The basics: The wife and I were involved in an accident, the other driver (uninsured motorist) was at fault and is on record with insurance admitting fault. Minimal damage to our vehicle, major injury to my wife. Uninsured motorist coverage is covering everything for us.

Accident was in December, bills have been piling up since then. Because it's an uninsured motorist claim, all bills are sent to both us and Allstate, and Allstate will release funds to us and we pay medical providers.

Problem #1: Medical Providers want to get paid. I don't get paid until this thing is settled (won't be evaluated for another month, at which point they'll offer a settlement). Estimating $12,000-$15,000 in medical bills currently unpaid.

Problem #2: My wife was out of work for a month. Company policy requires her to use vacation/sick/personal time if she is not working, regardless of reason. Thus, she was paid while off, but valuable vacation/sick/personal days were used and completely depleted, causing her to not be paid for unrelated Dr. appointments after returning to work. Because she was paid by employer, how do I make sure we're properly compensated for lost

Problem #3: The person at fault was uninsured. I obtained all information (license plate #, DL #, all info on DL, updated address, cell phone) and then the person at fault fled. I was going to call police, but my wife was in so much pain I went directly to E.R. (only 2 miles away from Vanderbilt). I called police from ER and they refused to come and fill out a report. I made at least 10 phone calls tryring to get someone to come, they kept saying someone was coming, then finally gave me reasons as to why they weren't coming (we both left scene of accident). Hence - no police report. I realize I should have waited for ambulance/police, but wasn't thinking clearly and I was so close to the E.R. All we have is my word against the other driver, but the other driver DID admit to everything and confirmed the lengthy detail I provided to insurance.

Problem #4: Based on the information I have, I really don't believe the party at fault has any ability to cover our medical bills, and is likely living off of the government. This makes it less likely for my insurance company to recover their losses from the party at fault. Does this, or should this, affect my settlement in any way?

My insurance company has already told me all medical bills would be covered, my wife would be reimbursed for any time off of work, and we are eligible for pain and suffering.

Problem #5: I have no clue what to expect for pain and suffering. $3,000? $30,000? How do I make sure we're reimbursed for the month my wife missed from work, but still was paid by employer since she used up all of her sick/vacation time? How negotiable is the settlement? Time is against me as far as the settlement (doctors want money - I can't stall forever, but insurance can. If I don't pay, it hurts my credit).

Bullfrog

Majik,
you may need to go to small claims court to get things moving. If you get a judge to take it to trial, i don't see how they can fault you for taking your wife to the ER and asking the cops to arrive. Make sure to include in the pain and suffering the days off that the employer forced you to use and double it. that way when she needs to take a day off you are "covered". Also make sure that if you do sue that include the reimbursement of funds for the lawyer.

I know you said you think the person is living off the government but if they garnish his wages no matter what he makes or gets you will get your money. Have you talked to the medical places and explained your situation? At the very least i would think about getting an attorney if you think your gonig to be affected by credit or start to get squeezed.

Im sorry to hear your still dealing with this 6+months after it happened. Good Luck man.

majik

I don't want to get a lawyer until absolutely necessary. If it DOESN'T go to court, I still have to pay the lawyer.

Allstate has been very helpful in the process, I've had no complaints... I just don't know what to expect and what my options are at this point. For all I know they could give me $75,000 (doubtful), I'm just trying to find people with insight or experience.

I've talked with the various billing departments and explained the issue.. they all pretty much said the same thing - as long as I send in $50/mo. it'll stay 'current' and won't go to collections or any late fees. One place is being very helpful in the process, and another isn't demanding any payment YET.

Bullfrog

Person i work with, her husband had a hernia and they are sending is small payments and arnt getting sent to collections. She had to flip out on the people cuz they were trying to strong arm her to pay more but ya i guess as long as you send them something every month your not refusing to pay. I dont know anyone who has 10k + just sitting around...

As long and you communicate and keep everything documented you should be ok till you get to the settlement part and then can start knocking off huge portions.


What if you take out a signature loan to pay stuff off and use the settlement to pay off the loan? would you not build credit that way at least and then only have to deal with all state in which you said was being helpful?

majik

I'd prefer not to take out any loans. My credit took a beating recently, as I've refinanced my home and made a significant purchase (new car). I can get a loan, but the rates wouldn't be great, and that's just one more thing I'll have to juggle. I also want to be able to use it to pressure insurance to get things finalized

Bullfrog

just throwing ideas against the wall for ya... we could take up a collection for ya!