Personal Injury Defense Questions for Car Accident

[skysurf]

California
Hello,
I was involved in a accident. I was at fault and the driver of the other car sustained some injuries (luckily relatively minor considering, 2 broken ribs and a small cut.) Unfortunately I was stupid and only had minimum liability coverage ($15,000 in California) The other driver also had minimal Car insurance coverage and has hired an attorney. He was taken to the Hospital by an Ambulance after the accident and spent 2-3 days at the hospital.

My insurance adjuster has offered the Liability Policy Limit of $15,000, and said if the medical costs come out to be more they will try to go to his insurance to use the Uninsured/Under-insured Coverage of his Insurance plan for the remaining amount, likely the State minimum of $15,000 (not sure if this is possible?) For someone with health insurance the same medical/hospital costs would likely come out to be between $10-$15K. However the combined medical bills + pain & suffering + wage loss (although I don't think he has much for wage/income) will likely be greater than the $15,000 Policy limit.

I have the few following questions,

a.) How much does a typical personal injury case of 2 broken ribs get settled for? Any real-life examples would be great?

b.) Since he doesn't have health insurance, I'm guessing the Hospital is going to send him a 'racked-up' bill that is not discounted as it usually is with health insurance companies. My insurance adjustor mentioned that 2 broken ribs doesn't usually lead to significant medical bills since Doctors can't do anything and just send you home to recover on your own in 6-8 weeks with pain-killers for the Ribs. However I am afraid that the Ambulance, ER, MRI, Hospital stay costs of 2-3 days will come out to an exorbitant amount (like $50-80,000???) since he has no health insurance. My insurance adjustor said she will have his Attorney negotiate medical bills down with the hospital if necessary, how likely is this? I am doubting it as his Attorney will likely want the settlement/bills to be as high as possible so he can multiply it by 3 and get the most commission out of the settlement himself.

 

[Zigner]

Before we get in to the hypothetical guesses that you are asking us to make...

Why does it matter if the driver didn't speak English? Does that change the fact that YOU caused injury to him due to YOUR negligence?

 

[adjusterjack]

I do feel guilty and want to own up to my fault,

That would be a mistake. Keep quiet and let your insurance company handle.

would compensate him in addition if necessary to a reasonable limit

Noble of you but you don't owe him a nickel until a court of law says so.

How much does a typical personal injury case of 2 broken ribs get settled for?

Between a dollar and a gazillion dollars. Seriously, there's no way to put a dollar figure on any one case. There's no formula. It would be foolish to speculate.

is there any way I can protect myself/my assets from such absurdity?

Too late for that.

What will happen will happen.

But you are getting ahead of yourself. Let your insurance company handle it. If they can't settle within policy limits you'll be given the opportunity to negotiate a contribution.

 

[skysurf]

Before we get in to the hypothetical guesses that you are asking us to make...

Why does it matter if the driver didn't speak English? Does that change the fact that YOU caused injury to him due to YOUR negligence?

Sorry I only meant to imply that maybe the English issue was why he had to hire an attorney. I know I was negligent and do feel guilty about it.

I guess my main question is regarding the Hospital bills for someone who doesn't have health insurance. Do hospitals send a 'racked-up' bill to someone who doesn't have health insurance, and can it be negotiated down to reasonable/affordable levels? Like I mentioned, ideally his medical bills for 2-3 days hospital stay, ER visit, CT/MRI scan, and Ambulance would likely be less than $15-20K for someone that had insurance. I am just wondering how much a hospital in California would charge for the same to someone WITHOUT health insurance?
Thanks again.

 

[Zigner]

Sorry I only meant to imply that maybe the English issue was why he had to hire an attorney.

He hired an attorney to make sure he was compensated fairly by you and your insurance company.

I guess my main question is regarding the Hospital bills for someone who doesn't have health insurance. Do hospitals send a 'racked-up' bill to someone who doesn't have health insurance, and can it be negotiated down to reasonable/affordable levels? Like I mentioned, ideally his medical bills for 2-3 days hospital stay, ER visit, CT/MRI scan, and Ambulance would likely be less than $15-20K for someone that had insurance. I am just wondering how much a hospital in California would charge for the same to someone WITHOUT health insurance?
Thanks again.

Hospitals send the same bill for a hospital stay whether there is insurance or not. There may be a contractual obligation with the insurance company to accept a lesser amount and write off the rest, but that doesn't change the costs they bill.

 

[justalayman]

Hospital bills are not “racked up” if the patient doesn’t have insurance. That valid charge is often discounted when a patient has insurance due to a contract between the insurance provider and the medical provider. It is a means of reducing costs to an insurance provider in a managed health care system.

 

[justalayman]

Hospital bills are not “racked up” if the patient doesn’t have insurance. That valid charge is often discounted when a patient has insurance due to a contract between the insurance provider and the medical provider. It is a means of reducing costs to an insurance provider in a managed health care system


Also, the 3x myth is a myth.

You have ignored the probability of pain and suffering (which is actually where the mythical 3x formula is applied). A given injury is worth the actual damages plus whatever a judge or jury determines is fair compensation for pain and suffering. The attorney takes their percentage from that.

 

[skysurf]

Hospital bills are not “racked up” if the patient doesn’t have insurance. That valid charge is often discounted when a patient has insurance due to a contract between the insurance provider and the medical provider. It is a means of reducing costs to an insurance provider in a managed health care system.

I see. So since he is uninsured he will get the standard non-discounted rate for all medical services, which I assume will be quite high. Can this be negotiated down with the hospital? If so, should I hire an attorney myself to do so in my behalf? I am not sure if his attorney will actually have any motivation to do so.
Thank you for the answers, it's very helpful!

 

[justalayman]

The only reason his attorney would have to negotiate a discount is to provide more cash to him or his client (the injured party). Such negotiations are usually undertaken AFTER a settlement is made or judgment entered.

You have no standing to negotiate any discounts with anybody. In fact, the medical providers cannot even discuss the other parties issues with you due to hipaa regulations unless the injured party signed a release allowing them to (not going to happen)

 

[Zigner]

For the OP: The insurance discounts (if any) are negotiated between the health insurance provider and the health insurance company. Even if the other driver had (health) insurance, there's no requirement that he use it.

Frankly, you are focusing way too much on the whole "health insurance" aspect of this.

 

[skysurf]

Thank you for the clarifications, I understand better now. Is there any way to find out what typical/standard costs or bills from Hospitals come out to be for something like Ambulance ride, Emergency Room, 2-3 days of Hospital stay, and CTScans/MRI (I tried googling but surprisingly didn't find much...)?

 

[PayrollHRGuy]

What you describe above would likely be well in excess of $50K

 

[cbg]

Is there any way to find out what typical/standard costs or bills from Hospitals come out to be for something like Ambulance ride, Emergency Room, 2-3 days of Hospital stay, and CTScans/MRI

No. There is not. There are far too many variable factors.

In any case, it will be the responsibility of the insurance company, not you, to handle any negotiations.