Expert: Richard Hixenbaugh - 2/2/2010

Question
I was in a car accident about 5 days ago. It has been determined by both my insurance company and the other drivers that the accident was not my fault, the other driver made a left hand turn coming out of a parking lot directly in front of me. The other drivers insurance wants me to take a $750.00 settlement for bodily injury. I have already been to the Dr. twice and have a referral to start physical therapy. I have pain in my neck, shoulders and back. My left shoulder is making a grinding click when I move it and is sending a tingly numbness down my arm to my finger tips. My question is... What options do I have for ongoing medical claims to the other insurance company, do I have to pay out of pocket first and then wait to be reimbursed, if I decide to take a settlement does that mean I'm out all future medical payments? I am unable to do simple chores around my house, lift my children, go grocery shopping. The pain is constant and frustrating. I have already informed the insurance company that I will not be taking their settlement offer due to my referral for physical therapy and I do not yet know the extent of my injuries. They have continued to call and ask if I am ready to take their settlement.

Answer
Hi Patricia,

Do not let the insurance company intimidate you into a low settlement. They will require that you sign a release form to get the $750.00. That release form will forever keep you for going back for more money regardless of what the doctors find. You should tell the insurance company that you will notify them when you are ready to discuss settlement.

Any medical bills you incur in the mean time will have to be paid either out of pocket or by your personal medical insurance. Once all treatment has been completed and you are as well as you are going to get, then you will prepare a demand package to send to the insurance company. For assistance with developing your demand package you should visit www.collisionwizard.com .

If at any point in the process you fee you are not being treated fairly by the insurance company, you should seek the advice of an attorney.

I hope this helps
Richard Hixenbaugh