Expert: Bennie719 - 3/24/2008

Question
Hello. I was involved in an auto accident about two months back. I have been going to a dr and have reached my med pay limit. I don't have health insu and I am now reponsible for my own bills. I don't really have the money to pay these bills upfront. My insu is the one I am dealing with due to the fact the responsible party was uninsured. Should I tell my insu company I am ready to settle my UM so I will have some kind of funds to pay the dr bills I am incurring? I understand settling means they are no longer responsible but I don't really have the funds to continue treatment. Also my friend says no dr bills means no money. But is that the case for me, since I do have dr bills that they have paid for me thru my med pay I have just reached the limit? So does that mean dr bills paid by them or unpaid by them? Thank you for your time and efforts.

Answer
Hi Charlene,
I'm sorry to hear of your predicament.  Uninsured Motorists coverage is designed to pay you a fair settlement for your pain and suffering, not to exceed your policy limit, when the at fault party is uninsured.
A fair settlement amount can not be determined until you have recovered from your injuries.  
There are many factors involved in determining a 'fair' settlement, among which are your medical bills, lost wages, the extent of your injury and if there will be any long lasting or permanent affect on your abilities or lifestyle and pain and suffering.  If you discontinue medical treatment, this will severely limit the value of your claim.  No additional medical bills = no money.  If you settle now, the settlement will be based only on bills already incurred. You can't re-open the claim for more money after you receive additional treatment.
Since you have exhausted your medical payment coverage, there are several sources that may be of help.

Since you don't have health insurance, you may be able to explain your situation to your health care providers and have them keep treating you and file a lien with your insurance company against your future settlement.
A few auto insurance companies really do care about you as a person and will be willing to give you incremental 'advance' payments against your future settlement in order to pay ongoing medical and physical therapy treatment.  You need to discuss this with your company if none of the other options that I mentioned are available.

The time frame in which to settle your claim varies between states.
If the accident happened in Tennessee, Kentucky or Louisiana the time limit is one year from the date of the accident.  Twenty-Three other states allow two years and the remainder offer between three to 6 years.

I hope you found this information to be of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area