Bad crash while on Vacation**************

[kevin63]

What is the name of your state? Oklahoma....
We were rear ended by a guy while on vac in California. We were sitting in traffic because of road construction waiting to merge into the moving lane he didnt see traffic had stopped, and slammed into the back of our Ford Windstar. He was going at least 90mph. It was all his fault. We have 4 kids all under 8 yo and we are all lucky to be alive. Thank God. You should see the van. The rear end is pushed into the mid seats. The guy was under insured to the tune of 60K. Our policy has 50k of under ins coverage. According to the other ins he has no property/rents.

Our medical bills are about 200k. Who pays these bills? Does my health ins cover hosp and Dr bills? I understand they can place liens on the settlement money......I went thru the middle window of the Windstar. (seatbelt was on). I have broken arm, leg and skull fracture,big cuts on face (eight inch gash across forehead). I look like Frankenstein. I lost the ACL ligament in my knee. ....Oldest kid lost 2 front perm teeth. Wife fractured skull...bad vac.... Will we get to keep any of the money?

Our ins here in OK is paying out 50K to us next week. We have a court date because a minor is involved. So far no liens on the money. About 25K is going into a trust account for our 8 year old daughter to "replace her teeth" when she is 18. With 500 dollars to each of my other kids and the rest is supposed to go to us. We got the paperwork from my ins 's lawyer. there are some things that concern me in the papers they prepared for us to sign.

First they stated this settles all claims with them. They have not paid out the property in the car yet...Camera , Laptop computer... Is this a mistake or are trying to get out of it?

Second they state that this money is to be paid out to all medical debtors and not to be kept by us. We need the money ..... After all I look like Frankenstein ..Should I not be able to keep it for pain and suffering? The 60 K from the ins of the Guy that hit us is kind of up in the air. I have to sign a release before that money is "freed" We also got a subrogation form from my heath care ins. I haven't signed that yet either.....

thanks!!!!

 

[ecmst12]

Your health insurance will provide coverage after all auto insurance available is exhausted. Unfortunately any settlement money you get will have to go to them (at least until everything they've paid out has been reimbursed, but it doesn't sound like there will even be enough coverage to fully reimburse them), but at least you shouldn't have to pay anything out of pocket other then your copays/deductibles under your healthcare policy. You will probably have to submit proof of auto coverage exhaustion before they will pay any bills, but once you do that, you shouldn't have a problem.

 

[kevin63]

Does that mean my underinsured policy money has to go to them as well. You dont think we could collect that and use it for pain and suffering? We are really in a bind with my disability is at half pay and no car....

 

[ecmst12]

You don't get to keep anything for pain and suffering until/unless your health insurance company has been fully reimbursed. You may be able to negotiate with them some, but if there's going to be $100k more in bills then you have in coverage, I don't see how you can end up with anything either way. But, you do only have to reimburse them for what they PAID, not what was billed, so you might luck out if you've been using doctors that are contracted with your health insurance.

Lost wages MAY be a different story. You may be able to keep any money that you get in compensation specifically for lost wages without having to subrogate to your healthcare provider. You'd have to check with your insurance adjustor about that, they should know if lost wages payments are subject to subrogation. Property damage payments should NOT be subject to subrogation, I'm fairly sure about that.