Auto Accident Injury Settlement

[lupi]

We had an other party responsible auto accident about a year ago. Check issued about a week later for the vehicle portion of the claim. Resulted in a day in the hospital and about a month off from work. Last of the doctor follow ups done, so insurance now sending over the paperwork for review/signature so they can then release payment on the personal injury portion.

Anyone that has been through this before have pointers to look for as far as particular language or computation of the amount?

 

[NetGuySC]

If you chose not to use a lawyer. I would not sign or finalize the medical portion until you were 100% sure that you are healed.

Once you sign, if you have future problems associated with your current injuries you most likely will have to pay for them yourself.

 

[Hoober]

With a day in the hospital and a month off work, I would be hesitant to sign anything without first consulting a lawyer.

 

[cabri]

1) Depending on your state, any insurance payments for medical costs may get paid back to the insurance company. (Yes, it sucks)

2) Ensure that language exists for follow up costs of medical care/checkups

3) Ensure that there is compensation for lost wages/personal damages

Best to talk to a personal injury/accident lawyer as a consultation.
this way, you should not have to lose the 30% as a lawyer representing you.

 

[JEDI]

We had an other party responsible auto accident about a year ago. Check issued about a week later for the vehicle portion of the claim. Resulted in a day in the hospital and about a month off from work. Last of the doctor follow ups done, so insurance now sending over the paperwork for review/signature so they can then release payment on the personal injury portion.

Anyone that has been through this before have pointers to look for as far as particular language or computation of the amount?

jesus, why didn't u get a lawyer?

here's how it works:

your lawyer sues the guy that hits you.

your hospitals/doctors get paid by the guy who hit you.
your lawyer gets paid the same amount that his insurance paid for your hospital/doctor bill.
YOU GET PAID THE SAME AMOUNT that his insurance paid for your hospital/doctor bill. -> pain and suffering

this is on top of the $ paid for dmg to your car and time missed from work.

get a lawyer!!

 

[lupi]

Medical insurance already paid all the bills. All I was really expecting in terms of $$$ was for lost work time and to cover copays. The amount they came to seems a bit higher than that, so want to know what to look for.

Medical portion was mainly as a result of aggravating an existing condition which has passed, so nothing really in that are to look into the future for.

 

[Jimzz]

Medical insurance already paid all the bills. All I was really expecting in terms of $$$ was for lost work time and to cover copays. The amount they came to seems a bit higher than that, so want to know what to look for.

Medical portion was mainly as a result of aggravating an existing condition which has passed, so nothing really in that are to look into the future for.

You know the insurance company can come after you if the settlement included money for medical bills.

 

[lupi]

Haven't received paperwork so have no idea of what it includes, which is why I'm asking questions first.

 

[lupi]

Based on the above did some researching and came across this

Subrogation is the manner in which an insurance company tries to recuperate money that it has paid out. Subrogation can take two different forms in your personal injury case in Virginia. One is related to your health insurance, the other is related to your uninsured or uninsured motorist coverage.

Health Insurance

If your health insurance pays for your medical bills from a car accident and then you recover money from the liability insurance company (the auto insurance company for the person that caused the wreck) then your health insurance company may be entitled to "subrogate" the money they paid for your bills from the money you receive from the auto insurance company.

Virginia has an "anti-subrogation" law, meaning that if your health insurance policy is written under Virginia law, the health insurance company cannot recover any of your personal injury proceeds.

If you health insurance policy is written under federal law, specifically the Employment Retirement Income Security Act (ERISA) then the health insurance company has a right to "subrogate" the money they paid out from your personal injury proceeds. Under ERISA the health insurance company is entitled to their money before you ever get anything.


Now to find which side it goes under I guess.