What to do in this situation? I just don't want the insurance company to s***w us...?

Question

My wife got hit in the back of her truck by this lady with her car. It was reported to police and today we called our insurance co. and her insurance to claim this accident. He ins. company tell us that my wife should look around to see what the repairs would cost or if we would need any of their partners for the repair of the truck. My wife is experiencing headaches and back pains. And the lady's insurance co. said that my wife should go to the doctor to see what they say and from whatever the doctor's response is, they will determine if they should pay the doctor. I think thats stupid! I think they should pay the doctor's visit and whatever follows that! What should be done in this situation? Has this ever happened to you? I hadn't had this happen before so I don't know what to do. My father was in a similar case and they paid everything for him. Is an attorney needed here?

Answer 1

call Bart Durham in Nashville,  he will send you to his doctor and claims if you don't win you don't pay.  If you don't live in TN then look in the phone book for a personal injury lawyer.

Answer 2

The liability is not health insurance - they are not going to guarantee payment up front.

They are going to see what the Dr diagnoses as the problem before they agree to pay.  Namely -- is it a problem that was caused by the accident!

I handled a claim for a man that was hit in the back. He was having headaches so he went to see his Dr.

He was diagnosed as being far sighted. The Dr advised him that the car wreck did not cause this condition. Needless to say, I did not pay for that Dr visit and the man withdrew his claim - willingly, because even he agreed that the car accident did not cause his far sighted condition.

Answer 3

Way too early to get a lawyer involved in this matter. They will slow things down big time and they have no power to get the other company to pay the med bills.

Assuming you are in the U.S. the other persons insurance company does not have to pay your wifes med bills up front as they come due. They also don't have to pay them if they are not accident related. They will want to see the Drs. reports to verify the injury & treatment are related to the accident. That's what they should have told you.

There are things you and/or your wife can do to make this less of a hassle. In most states, your automobile policy will have Med Pay or Personal Injury Protection (PIP). That means you have your own insurance pay for your wifes medical treatment and then if the law allows it, your company will get reimbursed later from the at-fault company. This way your wifes med bills get paid and you don't have to worry about collection agencies calling about unpaid med bills.

If you haven't already done so, report the accident to your company and ask them to explain how this works in your specific state.      

Good Luck to your wife with the injuries.

Answer 4

ok she should go see the doctor, at best they will say she's fine and the insurance company wil pick up the bill, if the doc says she's been hurt as a result of the accident, then the insurance is required to pick up any costs for her incurred medical expenses. it has not personally happen to me, but one of my very good friends what hit by a car while she was sitting in traffic, the car was doing 50 miles an hour plus and it destroyed her car.

Answer 5

You can find one of those lawyer (ambulance chaser), however, did the police issue a ticket for the drive who hit your wife? If he did, then your case is a winner.... And chat with those lawyers will not cost you anything. But they will take about 1/3 of the insurance claim, then you will sign detail information with them.

However, I think your wife should go to see a Doctor ASAP, because her medincal will be cover under your own insurance, and if you don't see a Doc ASAP, then they will claim that the injuries aren't the result of the accident.

Second way, is to work with your own insurance company, you just paid the deductible and all your proeprty and insurance will be covered, but they will not issue you any payments for pain and suffering. That is the backup plan.

If you work with the other party's insurance agent, some insurance company is easier to deal with than others. However, if you really want to protect yourself, go find yourself the ambulance chaser.....

Answer 6

My response is for Diane C. I live in TN and deal with Bart Durham's "law offices" all the time. HE'S A CROCK!!! He'll ALWAYS collect money for you because, like every self-proclaimed injury lawyer, he'll roll over and take less than what your claim's really worth because he hasn't seen the inside of a courtroom in 20 years and he'd have NO IDEA how to properly present a case in front of a jury. He, and many others like him, make a fortune of poor souls like you because he gets on TV and makes you feel like he really cares about your situation and he will keep you from getting screwed by the big, bad insurance companies. The only person who ends up getting screwed in the deal is his clients.....right out of 30% of the settlement amount. He makes millions every year by cutting deals with the insurance companies and taking 30% off the top. And guess what.....he doesn't even do any of the work!!! His secretaries work their butts off to get all the medical bills and records together and make sure you stay informed...while he's out on Percy Priest Lake  soaking up the rays. DON'T BELIEVE EVERYTHING YOU SEE ON TV!!!!

Answer 7

Yes, but your insurance company needs to be contacted and they will provide the attorney in your behalf

PS - you should NOT pull a dime out of your pocket, that is why you pay for insurance. I was sued once, and my Insurance company got an attorney for me.

Answer 8

I agree with the prior who said it is WAY too early for you to call an attorney. Keep in mind also that once you call an attorney, her insurance company is not allowed to speak to you regarding the claim, at all after you hire an attorney. I'm not sure what state you are in, but all state's have different laws. If the other driver hit your vehicle, the other driver's insurance carrier has to investigate the accident prior to paying any bills. By investigate, I mean they are going to have to speak to their insured to verify that they were even involved in the accident, get the police report, they may have to go to the scene of the accident, etc, etc.... You can go ahead and get estimates on your vehicles repairs, you do not have to go to their shop. The insurance company will tell you that they will only guarantee the repairs if you take your car to "their" authorized repair shop. What most people don't realize is that the shop offers the guarantee, not the insurance company. If your wife is injured, she can go ahead and go to the doctor and tell the doctor that she was involved in an accident, the insurance company will take care of the bills. Don't delay treatment because your not sure if they will pay it or not. They will pay the medical bills after the investigation period... If they don't, you can always submit it to your own insurance company and if you have PIP or medical payments on your insurance policy, your insurance carrier will pay it. The other driver's insurance company just wants verification from the Doctor that your wife's injuries are in fact, as a result of the accident. Take a breath, hold it, and breathe again..... It will all work itself out. Having a car accident is stressful. But, if her insurance carrier won't pay for the damages, your insurance carrier can always pay, and then subrogate against her carrier. (Which means your insurance company will get their money back eventually.) If you have any other questions, feel free to email me.

Answer 9

Normally the person who hit you, their insurance will pay for everything.  I had it happen once, and the other guys insurance wasn't a good one, and they try to s***w me.  At that time, i have state farm, they are great.  They just sent them a letter from their legal department, and everything is solved within 2 or 3 days.  

If you have insurance, they should also covers all your expense if the other insurance doesn't.  (if you have full coverage)

Answer 10

My father is an big insurance agent and I just asked him over the phone about it.  He said "have your wife go to the doctor, and if there isn't anything wrong then call the ins company back and tell them it would only be fair to pay for it.  If they do not comply then you should consult an attorney."  He also said it's a lot easier here in Pennsylvania, because your ins company pays for you, and you never need to get a lawyer.

And my opinion about your wife is she might have slight whip-lash... my grandmother had the same kind of crash.  Take her to a chiropractor.

Good Luck!

Answer 11

Get a lawyer if you can afford it ,(I can't afford one) .  I would also talk to my own insurance company and ask what the proper protocol in a case like this is.  It is possible the other person's insurance company is just trying to mess with you and get you to believe they don't have to pay out.  I always thought they had to no matter what the doctor says, but laws change all the time.