QUESTION

Can the at-fault party's insurance company require me to submit medical bills through my insurance first?

Asked on Oct 18th, 2012 on Personal Injury - New Jersey
More details to this question:
We were rear-ended and we received medical treatment for neck injuries. Our claim has been submitted to the at-fault party's insurance company. They say that they cannot pay our medical bills until we have either submitted them to be paid through our health insurance after which they will reimburse copays and deductibles or through our own auto insurance for payment which they will later decide if they will reimburse or not. This sounds very odd to me. They have not yet accepted liability for the accident but it should be established once they receive the police report.
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12 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Nebraska law does not require the at-fault party's insurance company to pay your medical expenses as they are incurred even if liability is established. While the at-fault party's insurance company could "advance" pay medical expenses, this is very uncommon. Generally, the at-fault party's insurance company will pay your medical expenses (or repay you, your health or car insurance company) when either you settle your case or if you go to court and obtain a verdict. In addition, the at-fault party's insurance company can deny that some or all of your medical expenses are related to your motor vehicle accident. If you disagree then you would have to sue the at-fault driver (you cannot sue the insurance company itself) and then let a judge or jury decide what medical bills are related to your accident. If you have additional questions you might want to talk to an attorney. Most personal injury attorneys offer a free initial consultation so it will not cost you anything to learn more about your rights and options.
Answered on Oct 30th, 2012 at 9:28 PM

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Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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Without filing a lawsuit and obtaining a judgment against the insured driver, you CANNOT force the insurance company to pay your bills. In my experience, an insurance company rarely agrees to pay an opposing party's bills, ESPECIALLY if the insurer has not yet accepted liability. While it might be obvious to you that the insurance company SHOULD accept liability for the accident, it may be far from obvious to the insurer, and in my experience, even when liability seems clear, insurers will often refuse to settle (if for no other reason than to allow their inexperienced claims adjusters and attorneys to gain valuable experience in handling claims...at your expense, of course).
Answered on Oct 23rd, 2012 at 4:20 PM

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No, although that may be a faster way to get things paid. Ultimately, the at fault party's insurance should pay.
Answered on Oct 23rd, 2012 at 7:40 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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They are trying to get a break to which they are not entitled. Nonetheless, you should submit the bills to your health insurance for the following reasons: 1) You never know for certain that you will recover anything from the at fault driver. In your case, it appears that insurance company is admitting liability and you will at least recover your bills. However, you may not be able to settle the case and might have to take it to trial. Juries have been known to give zero verdicts even in cases of admitted liability, 2) You might be unable to settle the case and have to go to trial, which could take years. Meanwhile, the medical bills go into collection. 3) Most importantly, your health insurance usually get a discount on the medical bill. You will pay less in medical bills if you let the health insurance pay for it. The at fault driver is liable for the entire cost your medical bills that were incurred for injuries caused by the accident (insurance companies often argue that they did not cause all of the problems for which you incurred bills). They do not get any credit for any third party sources who will pay your bills, such as health insurance, Medicare, Medicaid, or personal injury protection through your auto insurance. This is based on a legal doctrine called the collateral source rule. You will have to reimburse your health insurer from any settlement you receive (usually, depending on how your policy is worded), and the at fault driver's insurance company may have to reimburse the health insurer directly before paying you if the health insurer puts them on notice of its subjugation rights. However, what the at fault driver pays for medical bills is usually higher than what has to be paid to the health insurer because of the discount I mentioned above.
Answered on Oct 23rd, 2012 at 7:30 AM

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Steven D. Dunnings
In Michigan, your auto insurer is responsible for paying your medical bills not covered by a medical insurer and after you pay any deductible.
Answered on Oct 22nd, 2012 at 11:16 PM

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You must submit your medical and wage loss bills to YOUR insurance carrier. NY is a no-fault state. Any economic loss in excess of your no-fault benefits would be submitted to the at fault party's carrier. There are no co-pays or out-of-pocket expenses with no-fault coverage. Good luck.
Answered on Oct 22nd, 2012 at 10:29 PM

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Arbitration & Mediation Attorney serving Ann Arbor, MI at Blaske and Blaske PLC
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Yes. Your PIP (personal injury protection), also sometimes called first-party, benefits come from your auto insurance carrier. They include things such as, but not limited to, medical expenses, mileage for your travel to and from medical appointments, replacement services, and wage loss.
Answered on Oct 22nd, 2012 at 10:23 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Can't require it. No. Can pressure you to do it but not require.
Answered on Oct 22nd, 2012 at 10:21 PM

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Ronald A. Steinberg
Under Michigan law, you probably have coordinated benefits with your own insurance company. So, you submit your bills to your health insurance, and any bills that they reject get sent to your auto insurance. Any bills not paid must be sued for within 1 year of the date of service or it is lost. In Michigan, your own auto insurance is responsible forever. You can sue the other party for pain and suffering.
Answered on Oct 22nd, 2012 at 10:18 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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In an automobile accident, you own insurance company's PIP coverage is responsible for 80% of your medical bills and then the at-fault party is responsible for the remaining 20% at the conclusion of your case.
Answered on Oct 22nd, 2012 at 10:17 PM

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Personal Injury โ€” Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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This depends on the State where the accident occurred.
Answered on Oct 22nd, 2012 at 10:17 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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In NJ, you submit the medical bills to your carrier.
Answered on Oct 22nd, 2012 at 10:16 PM

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