QUESTION

What could I do to get insurance to pay for medical expenses?

Asked on Sep 01st, 2015 on Personal Injury - Utah
More details to this question:
My wife's lawyer has been trying to place a lien on the insurance company of the person who caused and injured her in an auto accident. The insurance company has refused to pay her medical expenses to date. Her condition has worsened in the last 2 months. I have scheduled an appointment with a specialist who requires a fee for his service, but additional treatment will require insurance. What course of action should I pursue? I have left messages with her lawyer but have not received any response.
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7 ANSWERS

You must not understand what the lawyer has told you. ?He can not place a lien against the insurance company. They have no legal obligation to your wife, only to their insured. Your wife has to sue the person who caused the accident; they, nor the insurance company, do not have to settle the case. They have a right to go to trial if they want, although the vast majority of cases are settled at some point. You need to clarify the situation with her attorney. Insurance companies do not pay any medical bills until they settle the whole case. Your attorney will need to find a health care provider who is willing to file a lien against her recovery [wait to be paid until she settles].
Answered on Sep 02nd, 2015 at 9:39 PM

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Edwin K. Niles
Ins. cos. are notoriously difficult to deal with. Be patient, but write the attorney a letter demanding better communication.
Answered on Sep 02nd, 2015 at 5:45 PM

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Your wife could make a firm, polite demand on her lawyer, in writing of which she keeps a copy, demanding that he respond to her questions and needs. If he still fails to do so, she should (a) get a different lawyer (and notify all parties of the change) and (b) consider filing a grievance with the lawyers' disciplinary board (in Wisconsin, it's called the Office of Lawyer Regulation; other states have different names). Is the other driver's insurance company questioning whether they have any liability at all? If they have introduced the question, especially if they claim that their policy does not cover the particular kind of accident, then their delaying making any payment is understandable: they may not be under any obligation to pay anything. Perhaps they can be cajoled into paying for the specialist's treatment, and if they are ultimately determined not to be liable, they can seek reimbursement from you and your wife. You are entitled to a lawyer in whom you have confidence, but it's only fair to give him or her a chance to explain their action or inaction, and to correct it. Good Luck.
Answered on Sep 02nd, 2015 at 5:45 PM

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James Eugene Hasser
The other driver's insurance company will not pay her medical expenses or anything else for her injuries unless, and until, she releases them. She can't do that until she has been released from the Drs. In the meantime, she will need to put her medical bills on your medical insurance. Your medical insurance company will be entitled to get their money back from any settlement or judgment against the other driver. Your lawyer should handle the payback. Good luck.
Answered on Sep 02nd, 2015 at 10:30 AM

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Ronald A. Steinberg
Rely on the lawyer, or get someone else. If you don't know as much as the lawyer, then get out of his way. If you don't trust his judgment, then fire him.
Answered on Sep 01st, 2015 at 8:23 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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If you are in MI as your question states, then you may well be barking up the wrong tree. In MI it is YOUR insurer that pays for wage loss, medical expenses, attendant care, replacement services and medical mileage relative to any injuries from a car crash. The other parties insurer only pays pain & suffering damages if your wife has suffered a "threshold" injury. Your lawyer should certainly know all this if they are licensed to practice in MI and have handled such cases before. If your lawyer is not knowledgeable about the MI No Fault law, then you may want to change attorneys?
Answered on Sep 01st, 2015 at 7:57 PM

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Lisa Hurtado McDonnell
A lot of medical providers will bill the insurance companies in auto accident cases. Find another medical provider who does.
Answered on Sep 01st, 2015 at 7:42 PM

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