QUESTION
What are my options to for at least getting my medical bills covered?
Asked on Oct 15th, 2013 on Personal Injury - Florida
More details to this question:
I was struck by a car while crossing the street in a pedestrian crosswalk. Based on 8 witness statements that my family obtained from people working at the restaurant next to the intersection, the car was speeding and appeared to have run the red light. The police officer did not write any citations and only took a statement from the driver that said he had the right of way. My injuries have resulted in 2 broken hips and a crushed pelvis all of which required surgery. During surgery I suffered a heart attack which I am recovering from. I spent 2 months in the hospital and will be unable to apply pressure to my legs for 5 months. There are still many more hospital visits, therapy sessions, and who knows what. The driver’s insurance company said that he only has a $300,000 per accident limit and cannot offer anything above that. My medical bills today are at $576,000.00 and I have already missed 4 months of work. What are my options to for at least getting my medical bills covered and maybe a little pain and suffering for future issues that may come from this?
15 ANSWERS
You may be able to negotiate your past medical bills and create a plan for your future medical needs. There may be several additional avenues for recovery as well. You should contact a lawyer to be able to discuss this further with you and provide guidance.
Answered on Oct 17th, 2013 at 7:36 AM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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You may want to schedule a consultation with an attorney to see if you can pursue a claim against the at-fault driver. Also, you may qualify for Victims of Crime funds. Again, an attorney may be able to assist you with this process.
Answered on Oct 16th, 2013 at 11:57 AM
Ronald A. Steinberg
Get a lawyer. Sue the guy. You got hurt badly enough to justify it. You will be limited to the limits on his policy of insurance.
Answered on Oct 16th, 2013 at 11:19 AM
Have you tried to hire a law firm to assist you in your efforts? That is your best option and the one I would recommend.
Answered on Oct 16th, 2013 at 9:39 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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For such a serious accident, you should seek the help of a lawyer. An experienced attorney will perform the needed research to uncover all possible insurance coverage, including umbrella policies which may be in place. You may have recourse with your own motor vehicle insurance coverage if you have an underinsured motorist or uninsured motorist provision in your coverage. Without clear liability, the lack of a traffic citation gives the driver significant wriggle room, you will not receive top compensation without legal representation - insurance companies simply know that an individual poses little threat without an attorney. There are several resources for researching lawyers who have experience with Colorado pedestrian-car accidents - Avvo (www.avvo.com), Super Lawyers (www.suprelawyers.com) or the Colorado Bar Association (www.cobar.org) are good starting points. Please feel free to follow up with me if you have further questions.
Answered on Oct 16th, 2013 at 1:33 AM
James Eugene Hasser
You may be able to stack uninsured motorist coverage on your own policies, but if I were you, I would get an experienced personal injury lawyer to help me.
Answered on Oct 16th, 2013 at 1:29 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Is there any sound reason you do not have an attorney on this case?
Answered on Oct 16th, 2013 at 1:18 AM
Thomas Edward Gates
You need to be represented by an attorney.
Answered on Oct 16th, 2013 at 1:09 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Either this is not a Michigan question/accident or there is some serious misunderstanding/misrepresentation of Michigan law here. As Michigan is a No Fault state and has provisions that the injured parties car insurer pay all Personal Injury Protection Benefits (PIP) there should be no reason that you have uncovered wage loss or medical bills or household services charges. YOUR insurer should pay these PIP benefits even if you were not in your car and were a pedestrian! If you didn't have car insurance, then you would look to your spouse or a resident relative to find such coverage. If such motor vehicle insurance was not in place, then you would look to the owner, then the driver of the vehicle that struck you for PIP coverage (and this is SEPARATE and distinct from any liability limits on the striking vehicle). Lastly, the Michigan Assigned Claims Facility would provide PIP coverage if there was no other available coverage. Of course, all PIP claims MUST be made within 1 year of the crash and made IN WRITING in Michigan. If this isn't a Michigan accident/question, I apologize for the long answer, but then why does the question say "STATE: MICHIGAN"?
Answered on Oct 16th, 2013 at 1:08 AM
Edwin K. Niles
This is what's wrong with our system of medical care. Hospitals and doctors bill huge amounts, and if there is insurance the insurance pays about 20%. The care providers just write off the difference. But you, as an individual, don?t have that bargaining power. Do you have any kind of med ins? 1. If someone has $300,000 coverage (highly unusual) it may be because they are wealthy; maybe you can get something beyond the ins. limit. Don?t sign a release without investigating. 2. You need someone who knows the ropes negotiate the bills. Maybe you can find a lawyer who will not charge the full one-third as his fee, to do all this for you, given that they apparently are ready to pay the policy limit.
Answered on Oct 15th, 2013 at 4:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Do you have an attorney, personal auto insurance, underinsured motorists coverage, medical insurance? Are you really out of pocket $576,000 or are the service providers? You certainly need to buy some attorney time to understand your status.
Answered on Oct 15th, 2013 at 4:08 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sorry for your problems. If the dude has assets you might sue him and if you get a judgment in excess of the coverage you might collect. So you check first for his assets (not his wifes, not joint, only his) if he has no assets, then take the coverage if they offer it. if this is a NC case and you were in the pedestrian crossing you should win the case. only a handful of cases are settled at 300000 or more each year. a jury might not award you more or if they do you might not be able to collect if he has no assets. You need a good lawyer. find one.
Answered on Oct 15th, 2013 at 3:50 PM
Personal Injury Attorney serving Boise, ID
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Caldwell Law Group, PLLC
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Anytime there is not enough insurance coverage to cover your injuries, it can create difficult circumstances. Several approaches can be made including a full exploration of any other available insurance that may provide coverage to you for your injuries. Sometimes, coverage will be found in unexpected places like a bank or credit union, or disability plan. After a determination is made to ensure that all available insurance is being accounted for, it would be prudent to investigate whether the driver of the vehicle who hit you may have assets to pay more than the coverage of $300,000.00. It would also be prudent to explore any options for reducing or eliminating medical expenses and subrogations/reimbursements. This type of case can be more complicated than meets the eye, and consultation with an experienced injury attorney would be recommended. Oftentimes, an experienced injury attorney can help you retain more money than you think possible.
Answered on Oct 15th, 2013 at 3:35 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If the limit is $300,000 then that's it and that's all. Are they offering it? If you have a car with UM coverage with a higher limit, then you could try that route, but that's unlikely. Some states allow insurance "stacking" so if there is another policy that could apply (such as the driver has another car) then that could be a possibility. If the car was owned by a corporation, or if he was in the course of his employment when he hit you, you could go after his employer. From your description, it does not sound as if there are any other potential defendants. If all you keep hitting are dead ends, then you may be looking at bankruptcy. Medical debt is the number one reason for personal bankruptcy filings.
Answered on Oct 15th, 2013 at 3:06 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You need to check to see if you carried any uninsured/underinsured motorist insurance on your own vehicles, or the vehicles owned by anyone who is a relative of yours and who resided in the same household at the time of the accident. You may have additional coverage through your own car's insurance.
Answered on Oct 15th, 2013 at 2:56 PM