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Personal Injury Frequently Asked Questions

Cary injury lawyer FAQs

1) If the accident is someone else's fault, should I submit my bills to my health insurance?

Yes. There are many reasons why it is important for you to submit all of your medical bills to your health insurance. First, doctors and hospitals expect to get paid, and if they are not paid in a timely fashion, they will be sending your bills to collection. Obviously, you want to avoid this case scenario. More importantly, health insurances typically have agreements with hospitals and medical providers that enable them to pay the medical bills at a discount rate. In other words, if you have a medical bill in the amount of $10,000.00, and you don't have health insurance, the hospital or the medical provider will demand that you pay the full amount. On the other hand, if you have health insurance, your health insurance will pay only a negotiated percentage of the $10,000.00. Your health insurance will require you to pay back the medical bills once your claim is settled with the at-fault party, but the amount you must reimburse your health insurance is typically lower than the original bill from the hospital and/or medical provider.

2) How do I know if I have med pay available through my own auto insurance, and how do I get that money?

Whether or not you have med pay coverage depends on your policy. If you do, it will be listed on your Declaration Page. Typically when you report the claim to your insurance company, if you have med pay coverage a claim will be set up and an adjuster assigned. Each insurance company may have different requirements on what information or documents they need to process and pay the bills submitted. Keep in mind, that like payments made by your health insurance, your med pay carrier will be reimbursed from any settlement reached with the at fault party.

3) Why should I submit my bills to my health insurance or med pay provider if I just have to pay them back?

Submitting your medical bills to either your health insurance company or med pay provider to be paid will ease your worries during the pendency of your case. The at-fault party will not pay medical bills as they appear, but the medical provider will want payment prior to the resolution of your case. If you do not have health insurance or med pay coverage, you may be left in a situation where you are unable to get the necessary medical treatment due to financial reasons. By submitting the bills to your health insurance company or med pay provider, it eliminates the delay in medical treatment and allows you to concentrate on getting the treatment you need to become healthy. Additionally, even though you have to pay the health insurance company or med pay provider back, the amount you have to pay them back can often be negotiated so you are not paying the full amount of the medical bill like you would if you did not have health insurance or med pay coverage.

4) Why won't the at fault party pay my bills as they are incurred?

Unfortunately, it simply comes down to because they are not required to. Since the law does not require that they pay medical bills as they are incurred, the insurance company for an at fault party while in some circumstances will admit their insured caused the accident, will not offer any type of settlement to cover the medical bills until you are ready to completely resolve their claim and release their insured. Once you fully resolve your claim that cuts off their exposure or legal obligations to pay any additional money from that accident. The reality is the insurance company is in the business of making money and not paying claims, and they are not going to pay anything until they absolutely have to.

5) Can I talk to my own insurance company?

You should cooperate with your own insurance company. Your own insurance company will not help you unless you cooperate. We suggest that you keep your attorney informed of all the communication you have with your own insurance company. If you do not feel comfortable answering some of the questions they ask, please consult your attorney prior answering the questions. But you should always cooperate with your own insurance company.

6) What do I do if the other party's insurance tries to contact me?

You should not engage in any conversation with the other party's insurance company. You should simply indicate that you are being represented by an attorney and inform them of who your attorney is, giving them the attorney's name and phone number. You should then hang up the phone.

The at-fault party's insurance company told me that they just need to take a current statement of me so that they can settle the claim. Should I do it?

There is no guarantee by giving a recorded statement to the at fault party's insurance company representative that they will then pay out on your claim. This is often a tactic that they use to pin you down for injuries that may not have yet developed only a day or two following the collision. You have no obligation or requirement to give them a recorded statement prior to them evaluating your claim and typically, nothing good can come out of doing so.

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