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My head is spinning...What should I do?

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Superficial37

Junior Member
Okay, I got in a car accident about 5 months ago which was not my fault. I have had problems with my shoulder, neck and back since. Shortly after the accident, I began physical therapy and it was getting better but over the past 3 months I have seen no improvement.

This past week I went to PT again and they told me to go ahead and settle my claim with her insurance and they would just start billing my medical insurance company. (The PT has been waiting for me to fully recover before billing her insurance). My concern is that I am not better and I am worried that there might be permanent damage. Along with that, I feel like my PT is asking me to commit insurance fraud....

I dont think my PT is really looking out for my best interest in this situation and I am afriad that he only cares about getting paid. Along with that, would this be something that I would want a malpractice suit for or for the car accident?

Good advice would be greatly appreciated.
 


NCTrialLawBlog

Junior Member
Might be a good time to see a lawyer

Dear Superficial:

You did not tell us your jurisdiction (state) so I'm going to answer this as if you were in my homestate, NC.

First of all, your PT should not be telling you to settle your personal injury case.

Second, if you have health insurance, you should try to get your PT to submit ALL of the bills to it. Every state is different, but in NC it is perfectly legal to have your health insurance pay for your bills, then submit those exact bills to the insurance company for the driver that hurt you and get paid for them. Why? Well, it boils down to this, you pay $$ for your health insurance. Why should the negligent driver (and his ins. co) pay less because you were smart enough to buy health insurance? It's called the collateral source rule.

Now, some states have laws that say the health isnurance company does not have to pay if there is another insurance policy (liability) to cover the accident. And in some places, if your health ins. pays, they may have a right to get paid back out of any settlement you get.

Your PT may have delayed subitting to your health insurance because they get paid less through health insurance. For example if your PT submits a $100 bill to your health plan, you may have to pay a $20 co-pay, and then the PT might only get $50 from the health ins. copany because they have "negotiated rates". I see a lot of doctors not wanting to submit to health insurance because they would rather get paid 100% by the laibility insurance company. That helps them, not you.

But as I said, you are paying a lot for health insurance, you should get your money's worth.

I strongly suggest that you talk with a personal injury lawyer in your area. They will help you maximize your recovery, pay the least in medical bills, and make sure you don't settle a claim prematurely.

As I tell my clients, if you sign the release and as you walk out the door your arm falls off, you are out of luck.

Tell your PT to cool it, and get some legal advice. Most of the time it will be free for the initial consultation. And do yourself a favor, don't call the firm on the back of the phone book or the one with the frequent TV ads. Find someone with experience that doesn't have 10 gagillion clients. You'll get better service.
 
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JETX

Senior Member
NCTrialLawBlog said:
Find someone with experience that doesn't have 10 gagillion clients. You'll get better service.
Good advice.... but your trolling on this website is STILL a violation of the site TOS.
 

NCTrialLawBlog

Junior Member
Hay JetX, what is that supposed to mean? I answered the person's question, in detail.

How on God's green earth is that "trolling"? I'm a member of plenty of online groups, and being a "troll" or "trolling" is when you post false information in oder to provoke other members of the forum.

Here is what Google says:
Deliberately posting false information in order to elicit responses from people who really want to help. A typical response might be, "No, Bart Simpson was NOT one of our founding fathers."
www.vikont.com/clients/glossary.htm

To fish by towing an array of baited lines or lures behind the boat.
www.boats.com/glossary/T.jsp

deliberately provoking arguments on newsgroups or bulletin boards, with no other intent than to gain attention for the sake of attention. Originally: fishing by dragging a line fitted with one or more hooks behind the boat.
4umi.com/web/glossary.htm​

Um, so I answered the question, provided what you even agree was good advice, and I'm "trolling."

I've read the TOS, it doesn't say that you can't identify who you are or how people can find you.

If I post a bunch of bad advice, or don't answer the question posted, or put in links to my barbie doll auction on e-bay, take me out and string me up.
 
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