PI claim, huge medical bills, small settlement

[snm3]

What is the name of your state? Georgia

My husband was involved in an auto accident last november. The medical bills will total more than $200,000 when this is over. He has a brain injury and is still in rehab. The other driver is totally at fault.

The other person's insurance has said the driver is covered at $25,000 for bodily injury and that is all they will pay. Our health insurance will cover almost everything else, but there will be the deductible and our health ins covers doctors bills at 80%, etc. Our out of pocket max is $3,000.

My question: Can we get more money from the other driver's insurance company (pain and suffering, lost wages, out of pocket costs) ?
I don't think the other driver has any money to give, were we to sue her and win.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Georgia

My husband was involved in an auto accident last november. The medical bills will total more than $200,000 when this is over. He has a brain injury and is still in rehab. The other driver is totally at fault.

The other person's insurance has said the driver is covered at $25,000 for bodily injury and that is all they will pay. Our health insurance will cover almost everything else, but there will be the deductible and our health ins covers doctors bills at 80%, etc. Our out of pocket max is $3,000.

My question: Can we get more money from the other driver's insurance company (pain and suffering, lost wages, out of pocket costs) ?
I don't think the other driver has any money to give, were we to sue her and win.

My response:

If the other driver was insured for $25,000.00, then that's all they are legally obligated to pay. Have you asked for a copy of the other driver's insurance "Declaration Sheet", which would tell you his coverages?

Where's your husband's "UnderInsured Motorist" coverage on his policy?

IAAL

 

[snm3]

According to our health insurance plan, we must repay(to the plan) any money recieved from the person responsible, that person's insurance company, and our own liability insurance company in the case of uninsured or under-insured motorist.
We must sign in agreement before the plan will pay more than $500.
Basically, any money we recieve from insurance will go straight to our health insurance and we are left with the out of pocket costs.

 

[I AM ALWAYS LIABLE]

According to our health insurance plan, we must repay(to the plan) any money recieved from the person responsible, that person's insurance company, and our own liability insurance company in the case of uninsured or under-insured motorist.
We must sign in agreement before the plan will pay more than $500.
Basically, any money we recieve from insurance will go straight to our health insurance and we are left with the out of pocket costs.

My response:

Yes, I know that. It's called "Reimbursable Medical" in third party claims. I asked you a question, and you failed to answer. Did you make a claim against your husband's Underinsured Motorist coverage? Also, did you know that you can negotiate the health coverage "reimbursement"?

IAAL

 

[nanaII]

I Am Liable...

I think you scared this poor woman away. I am curious though, can you explain in layman's terms how you go about "making a claim against underinsured motorist coverage"?

Also, how do you 'negotiate the health coverage "reimbursement"?'

Thank you!

 

[I AM ALWAYS LIABLE]

I think you scared this poor woman away.

MY RESPONSE: I think she was already scared. Anybody who's doing what she's doing without an attorney should be scared. Claims is not child's play.



I am curious though, can you explain in layman's terms how you go about "making a claim against underinsured motorist coverage"?

MY RESPONSE: In layman's terms? Easy. Once you've settled with the third-party tortfeasor, and the accumulated coverage of that party is insufficient for the amount of damages claimed by the first party, then the first party notifies their carrier by Certified Return Receipt mail that the first party is now claiming under the Underinsured motorist provisions of the first party carrier. Simple.




Also, how do you 'negotiate the health coverage "reimbursement"?'

MY RESPONSE: Easy. You make a phone call to the health coverage carrier and say, "Will you take $1,000.00 as payment in full?"


IAAL

 

[nanaII]

I Am Always Liable..

Thank for for the explanation. I hope the OP comes back to see this. If she does, please get an attorney! I certainly wouldn't want to be dealing with this. My accident was bad enough. I was lucky I didn't sustain near the injuries her poor husband has!