Expert: Anne - 3/5/2010

Question
My husband was involved in a car accident which totaled his vehicle 5 months ago. We have received payment for the vehicle about 4 months ago. The question I have now is that since the accident my husband had limped slightly and complained of back pain, which through the last 3-4 months has gotten worse. He visited the doctor and had an MRI which resulted in a back injury which may require surgery. Since we received payment for the accident and it has been so long since the accident is the insurance company still required to pick up the medical cost of this? He did not seek medical attention for this until a few weeks ago, which is months after the accident. Please let me know what our rights are. We are in the state of Oregon if that matters at all.    Thanks

Answer
Hello Kati,

Well, the time frame can give you issues. You have rights against the person that hit you for your medical cost/ pain and suffering (your own insurance company can cover this under medical payments and/or PIP). IF you can show (and by this, it would have be medically shown) that your husband's injury was attributed directly to the car accident.

There lies the problem. The Insurance company will likely argue that in those 5 months, there is a possibility that your husband had another impact (i.e, could he had fallen in the stairs? at work? etc...)

They might not be as aggressive, and they could simply cover you. The insurance company of your vehicle will likely cover the medical bills first (under Personal Injury Protection) and then they would seek reimbursement (subrogation) against the at-fault insurance company.

For more about Personal Injury Protection and how this process works, please see: http://www.auto-insurance-claim-advice.com/personal-injury-protection.html


The fact that you received money for your car DOES NOT release the injury claim unless there is language releasing any and all claim (including injuries). You are encourage to talk to an attorney to see if you do have a claim. Please see: http://www.auto-insurance-claim-advice.com/find-a-lawyer.html

And for information how to settle your own claim, see: http://www.settleyourowninjuryclaim.com


Good Luck
Anne
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