Ins. co. doesn't want to pay ENTIRE medical bills

[David Bach]

Hey,
Please do a search of my user name(David Bach) and read Injuries,but minium damage to auto.That will allow you to read the whole story.
My question has to do with Insurance Law.(I guess) Does the other drivers ins.co. have to pay ALL my wifes medical bills???? The deadline is fast approaching. $13,928.50 in medical bills and their offering $6,000. We've paid about $4500.00 and my personal health ins. co has paid about $8500.00,and they want their money back.(we signed documents saying they would get back their outlay if it was ever setteled.)
Thanks,
David & Joyce Bach

 

[stargazor]

first and foremost, I don't understand what time factor you are talking about. if you have paid 4500 and your health insurance has paid 8500, sounds to me like the majority of the total is taken care of. i have worked in insurance for 12 years, and many times i have seen medical expenses paid in excess of what they should be. just answer one question. how do you only have 200 dollars in property damage and 14000 in medical bills? a simple scratch that gets painted is 200 property damage. this exact reason is why our rates have skyrocketed over the years. people thinking "wow" i can get some money from the insurance company. they have tons of money and i have paid mega premiums all these years and never collected a dime. well let me tell you, insurance companies are cracking down on fraud. with only 200 dollars in pd, if you are offered a 6000 settlement, my suggestion is to take the money and shut up.

 

[stargazor]

i can understand that a child will sustain much more severe damages in the same situation than an adult will. However, the
issue of discussion does not involve a child. The other associate agent in my office is married as well. Her husband was involved in a single car accident in which he hit a telephone breaking it in haf, then hit a power pole also severing it in half. There was almost $15000 in damage to a chevy tachoe (a tank) and he walked away. Perhaps we should evaluate what vehicles we are driving. Are smaller , gas economy vehicles always the safest cars? Think about it!

 

[JoBarry]

David - I have no clue about the insurance law question, but with regard to the insurance company subrogating against your settlement I don't think they would be entitled to all of the $6,000. When a settlement is offered usually there are XYZ dollars towards pain & suffering, XYZ to loss of wages, etc, and then XYZ for medical costs. From past research I did I was under the impression that the health insurance can only subrogate against the money set aside for medical costs. For example, if $3,000 was allocated for medical then that is all they would be able to recoup. The rest of the amount would be for you/your wife.

Unfortunately, I too cannot see how that much medical costs could be sustained from $200 damage but since I wasn't there I will not pass judgement.

Stargazor - with regard to vehicle size it appears that insurance companies use or ignore this when it is convenient. If it hinders their case they say it doesn't matter, but when it will help, it does. I was rear-ended at 50 MPH on the freeway by an 88 Oldsmobile (smaller car), I was driving a 94 Cavalier (smaller car). This pushed me into a Chevy Tahoe or Blazer ("tank" as you put it) which pulled over briefly and left the scene (both me and the SUV were stopped due to congestion when I was struck). There was 80% damage to the front of my car and 20% to the rear (her car hit under my bumper at impact). She was ticketed, I was not. Based on the damage and the other driver claiming I hit car in front first (didn't happen and other driver NEVER mentioned it at the scene) the insurance company is only offering 20% of medical (3,615) and $75 towards my deductible (since I had to total under my policy) for my totaled car.

So, if David claims his wife's injuries were greater due to the fact that the vehicle that hit their smaller car was a full size pickup...then you have to at least consider it may be possible. Even though a smaller car hit me at 50 MPH there was minor damage to the rear - so that kind of throws a wrench in the insurance theory of low damage/low injury.

 

[David Bach]

Hey Stargazer,
The 2 yrs. I'm talking is called the statue of limitations to sue.(Can't believe ya been doing it 12 yrs. and haven't a clue what I'm talking about)
Yea, it's true the bills have been paid,by ME & my health Ins. co. But why should it cost US $4500 & our ins. co. $8500. because their client wasn't paying attention?
How can $200 property damage=$14,000 medical bills? There's 2 answers to that question.
#1) 2000 lb. car(Ford EXP) vs. Full size chevy truck(loaded with plumbing parts & equiptment)
#2)what does your seat belt do when you make a fast stop?(Just in case you are clueless again) it locks up, which in my opinion(I'm no doctor)but I would say it intensifies whiplash.
Why don't you try a sudden stop and see, On your way to your desk.
As for take the money and shut up,
You are not the one that has suffered.There is nothing "fraudulant" about this claim.all we want is the medical paid,anywhere, in any post, have we ever mentioned a "pain and suffering settlement"? Anyway,It (the $6000) would go to my ins. co. SO, once again, we're still out $4500(out of my poctet) for sitting at a red light.

I WISH THIS HAD NEVER HAD HAPPENED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
THAT'S MY POINT,YOU INS.AGENT,OR WHATEVER,SIT AT YOUR DESK and defend your MEGA INS. CO. INC.

 

[David Bach]

Ellencee,
The answer is no. My wife has no history of back problems.She hadn't been to a doctor in a good 10 yrs.(except for a obgyn) I don't know where you live(not meant to sound mean) but she was a WAFFLE HOUSE manager for about 5 1/2years she worked her butt off, putting up food when the truck came in,and being in management, after 7 years of being employed in that stressful situation she decided to leave that line of work.
Thanks for your reply,
Dave & Joyce

 

[David Bach]

JoBerry,
Thanks for your reply,I espically liked the last paragraph.Seems nobody has taken this into consideration,except my wife and I.
There are honest people in the world,and I appericate the benefit of the doubt.Our friends know she hurts,but unless you know us, nobody else can understand how $200=$14,000 med bills.
Thanks again,
David & Joyce

 

[JoBarry]

David,

Good luck and don't settle if you feel you are entitled to more. I, too, wish my accident had never happened. I was doing nothing more than going to work and this irresponsible driver hit me and then had the arrogance to lie about it. It is frustrating becuase there is nothing I or you could have done to avoid our accidents except for staying at home!

At the time of my accident I worked for a workers compensation insurance company (7 years) and had seen so many fraudulent lawsuits filed for the most petty things it was disgusting. Needless to say the last thing I wanted to do was "sue", but in my case by the at fault driver lying (and the other driver leaving), and most of the all the insurance company being stubborn I had no option. It is frustrating when you know you are right but the insurance companies just stereotype you as being sue-happy and insinuate that you are a LIAR. The "tank" I was pushed into had a large tow hitch assembly which also added to the increased damage to the front end of my car but I have screamed at the top of my lungs to the insurance company about that but they just ignore it. Meanwhile the driver who struck me still gets to drive her vehicle (she lives in my area and I have seen her numerous times) and I am left with the stress of all this. I just wish I had a photo of her face when they serve her with the lawsuit paperwork! I am a firm believer in "what comes around goes around" so good luck and I hope things work out for you and your wife. JO.

 

[stargazor]

david bach,

thank you for being a smart ass! yes i have been in the business for 12 years and in my state statue of limitations is 3 years. however, after reading you original post, i did not see where you were referring to that. oh excuse me I guess I am just an insurance agent that sits behind a desk and has no clue about the real world.

For your information, I too had a back injury from an auto accident when I was very young. I was hit by a drunk driver who ran a red light and broadsided me at 85mph. he was running from a previous accident about 2 miles down the road when he collided with me. i was in the hospital for 17 days with blood transfusions, iv's and traction to correct my bottom two vertebrae which made a 90 degree turn.

As for the whiplash remark, don't even go there. sudden stops do not always give you whiplash.

You darn right i am defending my company because i don't want to see an increase in rates due to companies paying excessive money out when they shouldn't have to.

 

[upset_nc]

You go Stargazer!

 

[David Bach]

Hey Stargazer,
Don't be rude! (thats ok, I think it comes from being an ins. agent) you're excused..... I don't give a dam what anybody THINKS, We (my wife & I) know the truth. How 'bout this sports fans, the ins. co has upped their Final offer from 6 to 8 thousand dollars. $13,900 in medical,ya wanna know what I told them Stargazer? Stick it in your ear. $14,000, to pay the medical or go to court. (for just medical,not pain and suffering,not to mention loss of work) Why should it cost us(us personally & my health ins. co. for their clients STUPIDITY???????????
Dave
p.s. Stargazer, when you are hit from behind, do your seatbelts lock-up? Ours did. And as her body was held in place her head went foward.....You are such a dum_ - _ss ( Please fill in the blanks with the letters needed to complete the sentence)