AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question My sister was rear-ended in Texas. The other persons insurance company has claimed fault and deemed her car a total loss. She also went to the ER and will be going through physical therapy to work on the cervical strain and pain in her neck. My qquestion is: The other persons insurance company said they won't pay any of her medical bills until it is all said and done and that she needed to use her own policy PIP to pay the bills and then whenever everything was over (they said about 2 years?) they would send her a check for the medical bills. She has asked her insurance company to explain how the PIP works, but we are still confused. Can you help explain how using PIP through your own insurance works when the wreck was someone else's fault? And when can she try to get something for the time she missed at work the day after the accident and her pain and suffering? I am so confused...
Answer
Auto insurance PIP—medical bills—pain and suffering
Managing Medical Care After Auto Accident
Confidential Personal Injury Diary
Personal Injury Insurance Demand Letter
Dear Michele,
You are a good sister to be looking out for your sister like this. The answers are pretty simple, but I will also provide some links to pages that will explain further.
In the first place, we think using the tortfeasor's insurance is the last choice. We prefer the health insurance first, and your sister's own PIP second. I will just use "you" from here on out, and we will know that I am referring to your sister, OK?
You have your own health insurance available and also your own auto insurance PIP/MedPay to tap into. Use those to get your health treatment going. And by all means, get your outstanding billings to your own insurance ASAP. NO, THEY CANNOT RAISE YOUR RATES FOR USING WHAT YOU PAID FOR.
You MUST continue and follow-up with medical or chiropractic treatments as soon as you can. DO NOT FAIL to get the care you need.
NOTE: No one is going to pay lost wages at this time, unless they qualify under PIP, which takes two consecutive weeks off before you start to get paid for any wages lost thereafter.
DEMAND LETTER—COMMUNICATE IN WRITING—DOCTOR'S NARRATIVE LETTER
You wait until she reaches a stable condition before submitting your demand letter, and I want your sister to be an effective communicator of her demand for settlement. Don't just call up the adjuster and start discussing your demands. Instead take the time to make your own demand letter—that is one step that will really pay dividends for her
Make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm.
FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you locate the feedback form on this site and leave some feedback for me.
