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Collecting from a 3rd party Insurer

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mcwjjm

Member
What is the name of your state (only U.S. law)? Ohio

I was involved in a minor auto accident 8 weeks ago. The other party admitted fault when they gave their statement to my claims rep [no accident report was filed at the time but I filed one the next day]. I contacted my insurer and they opened a file, the other parties insurer contacted me stating in writing "we do no pay medical bills as they occur. We generally settle in exchange for a release of claims". Which basically means they will typically pay the bills after I agree sign a release.

I called my otho but he was booked for 30 days so I made an appointment with a chiropractor to get checked out. The doctor's office called back and I was able to see another ortho in his practice who basically said I was ok [and I was at that point]. The chiro said I suffered a minor concussion and due to the position of my head at the time of the accident that my spine suffered trauma, he scheduled twice a week treatments for three weeks. Condition improved, he scaled back the appointments and then I woke up one morning with a stiff neck and the condition worsened. I called his office made an appointment but felt worse after his treatment, so I sought out a massage therapist to seek relief as the chiro treatment stopped being beneficial. The next week I scheduled another appointment with another ortho [neck / spine specilaist] who took xrays and confirmed that I'd suffered a soft tissue injury, recommended I stop seeing the chiro, continue with massage therapy and scheduled P/T.

The issue here is that I only have a $2000 max for medical with my insurer and I'm already close to my limit. My insurer said that once I reach that limit *I* would be responsible to get the other insurer to pay the remainder of the bills. It seems they will go after them to reimburse for the 1st $2000 but it's on me should I go over that limit. Since my condition has improved quite a bit I'm considering stopping the treatment for P/T and massage until I get some sort of confirmation from the 3rd party insurer on the status of them accepting the doctor's treatment as fair.

My concern is I sign the release and then I run into complications down the road. What is the limit on how long I can seek payment [take them to court] for this accident? At this point we're taking perhaps zero dollars out of my pocket [assuming My auto insurance agrees to all of my treatment] or at worst a couple of $100 bucks if I do not receive any more treatments. While I'm feeling much better I'm still not to the point I was pre-accident, but even the specialist told me this could improve on its own.

The massage group I went to didn't request payment up front. They took my claim information from MY auto insurer.

I do have a copy of the 'script for the P/T and another of massage therapy from the specialist that I'll fax to both claim reps. I had 7 treatments with the chiro, 4 with the massage therapist and 4 with P/T. The treatment plan was twice a week for 4 weeks.- so, I've completed half of the treatments already. The fact a MD specialist wrote me two 'scripts for P/T and massage therapy is it customery to expect the 3rd party insurer to honor those treatments?

If claims are paid after max medical improvement, which could last months, then I would be billed after I reach my $2000 MAX? To avoid a negative effect on my credit rating I'd have to pay the bills and then have the other insurer reimburse me? If I were to file a claim against them to seek payment would I do so in small claims court [assuming the limit I'm seeking is handled by that court]? I've represented myself in small claims court in addition to a custody case, so I'm not unfamiliar.

I appreciate the education on this process.



I wanted to add, a couple of weeks ago my claim was transferred to another claims rep to "handle till conclusion". When I asked the original agent why she said "company policy".
 
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mcwjjm

Member
I was hoping to get answers to the specific questions raised rather than speculate on the medical practices of one of the doctors I received treatment. Am I responsible for knowing what the proper treatment plan or protocol is for my condition? That's like me hiring an attorney and then telling him how to do his job.
 

Ladyback1

Senior Member
I was hoping to get answers to the specific questions raised rather than speculate on the medical practices of one of the doctors I received treatment. Am I responsible for knowing what the proper treatment plan or protocol is for my condition? That's like me hiring an attorney and then telling him how to do his job.
if the chiropractor caused the soft-tissue damage----after an orthopedist cleared you---then you have no claim for injuries! Thus, your questions are moot.
 

mcwjjm

Member
if the chiropractor caused the soft-tissue damage----after an orthopedist cleared you---then you have no claim for injuries! Thus, your questions are moot.

We don't know that or confirmed the insurance companies reached this conclusion. So that would seem premature at this point. Here's the exact timeline of the events in question...


June 8th - Saturday: accident. bell wrung but otherwise felt ok.

Monday: see chiro. diagnosed with mild concussion and trauma to neck [don't recall the technical term given]. receive elec stim. & adjusments.

Wednesday: 2nd chiro appt. same treatment. symptoms improve.

Thursday: orthopedic diagnosed as questioning concussion and basically found nothing unusual. No follow ups scheduled.

Monday / Wednesday: 3rd / 4th chiro appt. same treatment. symptoms improve.

Wednesday: 5th chiro appt. same treatment. diagnosed condition as improving. reduce schedule. see him in two weeks. symptoms improve.

Saturday: wake up with stiff neck. conditions worsens over weekend.

Monday: make appt to see chiro. pain is so bad I can't sleep laying down.

Wednesday: 6th chiro appt. explain to him what happened. treatment is same, reaction is not good.

Friday: 1st massage therapist appt. diagnosed with severe muscle spasms. feel much better after treatment.

Wednesday: 2nd massage appt. diagnosed as improving. feel much better.

Thursday: orthopedic neck / spine specialist takes xrays, diagnosed neck as structurally normal. confirms massage therapist's diagnosis as soft tissue injury. prescribes to continue massage and begin P/T for 4 weeks.

Tuesday: 3rd massage appt. diagnosed as improving. 1st P/T. Confirms severe lack of mobility. receive traction, mobility / strengthening treatment and given P/T to do at home.

Thursday: 2nd P/T. same treatment. diagnosed as improving.

Friday: 4th massage appt. diagnosed as improving.

Tuesday: 3rd P/T. same treatment. diagnosed as improving but not at the rate he was expecting. schedules me with another P/T in practice to get a 2nd opinion.

July 26th - Friday: 4th P/T. similar treatment. overall condition is much improved but 2nd P/T was unable to provide the insight I was hoping.
 

ecmst12

Senior Member
Once you settle with the other carrier, no more payments will be made. You need to wait until your treatment is complete before you settle.
 

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