Expert: Anne - 1/13/2009

Question
Greeting,

We had an auto accident two years back in that my wife and son (4 year old) were injured. My wife was in coma and went through couple of brain surgery and was hospitalized for 2 months. My son was also hospitalized for 3 days. Right now they both are fine.

Since last couple of months, i am dealing with my auto insurance company for my family's claim settlement. I had following Auto and Medical insurance,
1. Auto insurance : Underinsured Motorist with $50,000 limit each person
2. Medical Insurance : HMO 100%

All the bills of my family hospitalization have been paid by my medical insurance.
Few month back, i got a $50,000 claim settlement check from auto insurance as a part of Bodily Injury Liability for my wife. But for my son's claim, my auto insurance told me that you and your son have to be present for court hearing as he is under 18 years old, any settlement amount over $5000 has to be approved in hearing with judge.
1. Is this right?
2. What normally are happening in such types of settlement at court ?
My auto insurance agent said that it will take only 5-10 min.
3. Is it right ? Do i need to hire attorneys for this claim?
as i am new for this, please suggest me on this.
4. After this settlement, Will my medical insurance come back to me for any reimbursement for my wife's and Son's medical bills ?

I would appreciate if you can help me on this. waiting for your reply.

Regards,
Haresh  

Answer
Hello Haresh,

By your questions you really need to talk to a lawyer. This is way over your head. I do not mean to talk down or anything like that but 99% of the time, your insurance company will be owed for medical bills they paid if you get a settlement.

In addition, if you go to court, the child's settlement becomes final. you cannot go back an get more for medical bills back to your insurance and/or more treatment should he needed it. You have a $50,000 dollar claim with a coma, you need to talk to a lawyer. Here are some of the claims you should have been compensated by:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

If you do not know a lawyer, a good place to find one is at:

http://www.auto-insurance-claim-advice.com/find-a-lawyer.html

I hope this helps some.

Good Luck
Anne