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Auto Insurance Claims/personal injury settlement

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Expert: - 3/8/2010


Question
I was involved in a rear end collision last Oct. My insurance company Progressive has paid my medical bill up to 80% so far and according to my chiropractor the at fault drivers insurance ( Nationwide) has paid the other 20 %.  I received a call from Nationwide about a settlement. I am wondering if I can claim all the medical bills even if they were paid for by the two insurance companies and if so what would be a base multiplier?

Answer
Hello,

Courts do not allow someone to better themselves. You are allowed to be made whole only.

If the medicals were paid by someone else and your claiming them, that is known as double dipping or another well know term is fraud. If you want all of this to backwards real quick- commit fraud and you will end up paying all medicals yourself and possibly charged with a crime.

Anyone dealing with insurance companies must be 100%  honest.

Auto Insurance Claims

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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