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Child developed anxiety after accident

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catsmouse

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

My young daughter was the passenger in a wrong way driver accident. The driver of the car she was in was at fault. She wasn't physically injured enough to need medical care at the time but has developed anxiety to the point that she needs (and is presently getting) therapy. The insurance company for the responsible driver contacted me a few days after the accident and because I believed at that time that there were no issues it was "dropped" for lack of a better word. Is there any recourse for us to recoup payment for therapy?
 


Dave1952

Senior Member
What interaction did you have with the insurer? Did you sign anything? How long after the accident did the anxiety occur? Who decided to consult a therapist?
 

catsmouse

Junior Member
What interaction did you have with the insurer? Did you sign anything? How long after the accident did the anxiety occur? Who decided to consult a therapist?
Two phone calls with the insurer, I didn't sign anything. The anxiety occured about a week after the accident. I decided to consult a therapist.
 

ecmst12

Senior Member
If this is a minor child who lives with you, your pip coverage on your car insurance will cover her bills.
 

Dave1952

Senior Member
I see no reason why you shouldn't discuss your child's medical bills with the driver's insurer. They have procedures for claims that arise a few weeks after the accident. That your child's treatment is on-going will make it difficult to settle the claim since you don't have a figure to put on the table. Remember that if your insurance is paying for the therapy they may be interested in recovering their losses and they may handle the claim negotiations
 

catsmouse

Junior Member
I see no reason why you shouldn't discuss your child's medical bills with the driver's insurer. They have procedures for claims that arise a few weeks after the accident. That your child's treatment is on-going will make it difficult to settle the claim since you don't have a figure to put on the table. Remember that if your insurance is paying for the therapy they may be interested in recovering their losses and they may handle the claim negotiations
Thank you for the response. All therapy has been out of pocket. She is insured but I'm having a hard time finding a therapy that is covered. Should I wait until her therapy is concluded to contact the driver's insurance?
 

ecmst12

Senior Member
No, I mean your PIP coverage. PIP follows the person, not the car or the driver, and each person's own coverage is primary for them. If you didn't have coverage, the driver's insurance would be next in line.

If the driver was not the child's other parent, you might also be able to bring a BI claim against them, but I believe that most policies exclude BI claims from immediate family members.
 

Dave1952

Senior Member
I'd not wait to tell the insurer that you plan to make a claim.
I'm a bit uncomfortable that you did not get a referral from a physician to a therapist. Do you have the qualifications to decide on the need for and the proper course of therapy? I'm surprised that your medical(?) insurer is allowing this.
 

ecmst12

Senior Member
I don't see why you would need a doctor to refer to a therapist. Taking the child directly to a therapist is perfectly appropriate for anxiety.
 

catsmouse

Junior Member
No, I mean your PIP coverage. PIP follows the person, not the car or the driver, and each person's own coverage is primary for them. If you didn't have coverage, the driver's insurance would be next in line.

If the driver was not the child's other parent, you might also be able to bring a BI claim against them, but I believe that most policies exclude BI claims from immediate family members.
As I understand it, the driver's PIP coverage is only applicable for the first two weeks following the accident and we are past that. Am I reading that right? The driver was not the other parent but was a family member.
 

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