QUESTION
Son in Accident need Help ??
Asked on Dec 08th, 2011 on Automobile Accidents - North Carolina
More details to this question:
My Son was driving his Girlfriends truck and had a passenger with him back in August 2011 , However another vehicle hit them sending both By Air to the Hospital for treatment , My son had minor injuries and the other person had several lacerations on their body .. The driver of the other car had borrowed it from a friend shortly before this had taken place .
However my Son is disabled so he gets Medicaid , So my question is Does the insurance company pay for resburstment to the state for his flight to hospital and his bills along with attorney fees etc ? Then he can he make a settlement with Insurance company right ??
HELP IN NC. ASAP
3 ANSWERS
An at fault insurance company will typically be responsible for all damages incurred as a result of a car accident. When negotiating a claim like this, an attorney would typically find out if there were any bills paid by Medicaid and/or Medicare and negotiate those medical bills into any settlement. This is done because Medicaid must be paid back from any at fault settlement proceeds. As to attorney fees, those are typically not paid by the insurance company.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
Answered on Jan 09th, 2012 at 1:39 PM
Litigation Attorney serving Raleigh, NC
at
Burns, Day & Presnell, P.A.
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I am very sorry to hear about your son's accident, and hope that he has received the care and treatment necessary to put him on the path to recovery. A couple of important points - you have three years from the date of the accident in North Carolina to file a claim. That doesn't mean that you should wait all that time to find the appropriate attorney. In fact, you should get an experienced personal injury attorney involved relatively quickly. Such an attorney can guide you through the process, get you the advice you need, handle claims associated with Medicaid and other insurance entities, and maximize the recovery for your son. Hopefully you have already retained such an attorney, but if not, you should do so soon. -Jay Mills
Answered on Jan 04th, 2012 at 1:03 PM
4 Awards
Yes, the insurance company will pay for reimbursement to the state. As long as you have a solid local personal injury attorney she will see that it all works out. Just be careful that whatever funds your son receives do not disqualify him from his Medicaid. The attorney will have a mechanism to avoid that.
Good Luck,
Andy Gillin, Senior Partner
GJEL Accident Attorneys
Answered on Dec 09th, 2011 at 2:00 PM