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Auto Insurance Claims/Medpay on no fault accident in VA

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Expert: - 3/23/2009


Question
Hello,

I was rear ended in an accident that was not my fault and rushed to the hospital because of neck and back pain and intense headache.  The determination was a concussion, whiplash and back and neck injury, supposedly no surgery is required at this point.  But, I am in still in physical therapy almost 2 months after the accident.  I suffer from migraines and neck and back pain that keeps me bed ridden sometimes.  I have group insurance through work and that is helping to pay my medical bills.  I was wondering if I collect medpay from my insurance company will it have to be paid back.  Also, still suffering from headaches and minor memory loss so therefore I will be looking at a settlement. I am only 30 years old and worked out routinely before the accident.  Now, I can't work out and I am only working part-time due to headaches and neck and back pain.  Should I collect on my medpay before I hire a lawyer or after?  Then, later on when I do settle will my health insurance come back after all my medical bills in a settlement?
Thanks in advance,
Jess

Answer
I was wondering if I collect medpay from my insurance company will it have to be paid back. -- No.

Should I collect on my medpay before I hire a lawyer or after? --  If you intend to hire an attorney, you should do so immediately.  The attorney will handle the med pay and health insurance at no charge, and then collect their fee from the BI settlement.  But you do not have to hire an attorney to make the BI claim.  The attorney will charge 30-50% of your settlement, and many people save money by handling their case themselves.

Then, later on when I do settle will my health insurance come back after all my medical bills in a settlement? --  Yes, they will probably file a lien against your settlement on the injury claim.

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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