After a car accident (car insurance, red light, auto, credit)

[Victoria_18]

I was hit by a truck that ran through a red light. My car was totaled. I have been suffering injuries for months.

1. I received big medical bills. The at-fault driver's auto insurance has not paid anything for the medical bills. This is a car accident caused by the other driver. But I have good health insurance that may have significant discounts for medical bills with care providers. Should I ask my health insurance to pay the medical bills for now? Or should I patiently wait for at-fault driver's auto insurance to pay? What implications of the significant discounts of my health insurance may be for the final settlement? Would the delay of the payment affect my credit?

2. Should I file a short-term disability for a few months? Would that be another hassle? Would that increase my premium?

I am just really overwhelmed, on pain meds, and have never been through an accident before. What else should I do? Any advice would be appreciated.

[Rabrrita]

Let me see if I have this correct:
You were in an accident that was not your fault
You have been suffering from the injuries for months.
You have "big" medical bills.
The at-fault driver's insurance company has not done anything about these bills.

If so, what is your attorney advising you?

[CGab]

1. Get an attorney!


2. Depending on your state, as soon as your health insurer finds out your injury is due to an auto accident, they could stop paying as the at-fault drivers insurance SHOULD be paying those bills!


3.If you can't work, then yes, file for short-term disability until you are well enough to work!


If you have MEDICAL PAY coverage on YOUR auto policy you could start a claim through YOUR auto insurance and get those funds to start paying your medical bills. YOUR car insurance could also pay for your totaled car. If you put in a claim through YOUR auto insurance you will have to pay your deductible and YOUR insurer will then subrogate the other drivers insurance to get reimbursed and THEN you would get your deductible back. That would ONLY happen though if your insurance collects from the at-fault drivers insurance.


Personally, I would NOT put in a claim through your auto insurance. I would do the following.....

*****If your car is totaled and you are hurt and can not work and have medical bills, I STRONGLY advise you to call an accident attorney NOW!!!!! They will take care of it all!

[markg91359]

Originally Posted by Victoria_18

I was hit by a truck that ran through a red light. My car was totaled. I have been suffering injuries for months.

1. I received big medical bills. The at-fault driver's auto insurance has not paid anything for the medical bills. This is a car accident caused by the other driver. But I have good health insurance that may have significant discounts for medical bills with care providers. Should I ask my health insurance to pay the medical bills for now? Or should I patiently wait for at-fault driver's auto insurance to pay? What implications of the significant discounts of my health insurance may be for the final settlement? Would the delay of the payment affect my credit?

2. Should I file a short-term disability for a few months? Would that be another hassle? Would that increase my premium?

I am just really overwhelmed, on pain meds, and have never been through an accident before. What else should I do? Any advice would be appreciated.

1. Ordinarily, your medical bills are paid through your own insurance following an accident. Some people have med pay or PIP on their policy. This is primary insurance. If that is the case, its best for first bills to be submitted to your own carrier. If you only have health insurance than, yes, submit those bills to your health insurance carrier for payment. The other person's insurance carrier has no direct responsibility to pay your medical bills. They have a responsibility to resolve your insurance claim with you if their insured was careless in causing an accident. Obviously, running a red light is being careless. However, most such carriers will want to resolve all claims with you at once. These not only include all medical bills, but compensation for pain and suffering as well. This is why I would insist on submitting all medical bills to my health insurance carrier. Most states have something called the "collateral source rule". It is a way of saying that even though your health insurance discounts medical bills (per an agreement with the institutions treating you) that you still can claim the full amount of the medical bills as damages when you make an insurance claim. Delay of payment over a very long time could effect your credit. However, unpaid medical bills tend to affect your credit less than other bills like unpaid credit card bills do.

2. Do you have private disability insurance or is the insurance you speak of a component of your automobile insurance? I would imagine such insurance would require a statement from a physician saying that you are disabled and giving a time period for the disability. If the insurance is part of overall car insurance, the doctor will need to state that the injuries are connected to a car accident.

You do sound overwhelmed to me and your focus ought to be on recovering from your injuries. Take the advice others have already given you here and see a lawyer. Don't just go to a lawyer who advertises on t.v. Go to an accountant, a banker, an insurance agent, or real estate agent and ask them to recommend a good accident lawyer. This way you will get the help you need from someone who is truly capable. I would not try to handle all this yourself. You need to focus on recovering from your injuries and working if you have a job.

[JONOV]

Question...Would a health insurance company subrogate from an auto insurance company?

Meaning if you hit me, I get ambulanced to the hospital and provide my United/Cigna/BCBS card to the hospital, will they in turn go after the other driver's Geico/State Farm or whatever?

I know if I get rear ended at a stop sign I have that right to work through my own insurance or the other person's to get it fixed.

[markg91359]

Originally Posted by JONOV

Question...Would a health insurance company subrogate from an auto insurance company?

Meaning if you hit me, I get ambulanced to the hospital and provide my United/Cigna/BCBS card to the hospital, will they in turn go after the other driver's Geico/State Farm or whatever?

I know if I get rear ended at a stop sign I have that right to work through my own insurance or the other person's to get it fixed.

The answer is yes. It happens all the time. Its very difficult for an unrepresented claimant to deal effectively with this issue too.

[Victoria_18]

Thank you to everyone very much for your advice and kind wishes.

[Ron61]

You should have contacted your insurance company to confirm you were in fact entitled to compensation. And yes, I know that you are, but perhaps you didn’t. You would have known right away that you were to be taken care of financially.

Next, since you are not being compensated you must,I repeat must, contact an attorney to represent you. At this point you should not even deal with the at-fault drivers insurance, your attorney will handle all of it for you. One other thing, don’t cheap out on the attorney either. You get what you pay for. If you find one that has a great reputation for being successfully aggressive as an accident attorney,that’s who you hire.

[CGab]

Originally Posted by JONOV

Question...Would a health insurance company subrogate from an auto insurance company?

Meaning if you hit me, I get ambulanced to the hospital and provide my United/Cigna/BCBS card to the hospital, will they in turn go after the other driver's Geico/State Farm or whatever?

I know if I get rear ended at a stop sign I have that right to work through my own insurance or the other person's to get it fixed.

Yes, if your health insurance pays nd then finds out your injuries are due to an auto accident they will subrogate the auto insurance company of the at-fault driver.