Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Question about settling re: medical bills following auto accident Arizona

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question about settling re: medical bills following auto accident Arizona

    Wife was in an accident, hit from behind and pushed into the car in front of her. She was 8 months into a high risk pregnancy (gestational diabetes). She has had no symptoms from the accident other than a bit of a stiff neck and slight headache the next day, but we were naturally concerned about the baby so we went to the hospital to get everybody checked out the evening of the accident. Part of her treatment for the GD is to have fetal monitoring twice a week in the labor & delivery department of the hospital and she had basically the same fetal monitoring procedure done the evening of the accident and again the next morning as a pre-caution due to the accident. Everything checked out fine and no other symptoms have come up, but I believe the at-fault driver is liable for the medical expenses for these two visits regardless of the outcome.

    The hospital is contracted with our medical insurance carrier and there is a 'cap' on what they can charge for various procedures (I guess this is typical). The normal rate for fetal monitoring is $755 but due to the contract, the hospital can only bill $450something for the procedure.

    My questions are:
    1. I know when lawyers get involved, settlements seem to end up being 3x the medical expenses with 1/3 going to the provider, 1/3 to the lawyer and 1/3 to the plaintiff. Are we out of line asking for the same 3x compensation even though we don't have a lawyer?

    2. are we entitled to recover based on the full $755 or are our medical expenses limited to what was actually billed to the insurance co.? Another way to ask this is, why should the at-fault be entitled to benefit from the fact that we pay premiums to a medical insurance carrier that has a contract limiting what the hospital can charge?

    3. we're not looking to clean their clock here, but is wife entitled to any compensation for the worry and upset caused by the accident that was due to her pregnancy situation, even though there were no ongoing effects? Does she have to prove anything here or is it going to be understood that a woman 8 months into a high-risk pregnancy would likely be more upset than a non-pregnant woman would be in the same situation?

    4. in re: to non-property damages, what is a reasonable amount we should start the negotiations at and what should we expect the insurance company to settle for?

    5. is there anything else we should know about going into negotiations for settlement?

    We're going to try to keep lawyers out of it for now but if they start taking us for a ride, we'll not hesitate to hire a lawyer. I just want to know what the threshold should be for knowing when it's time to get a lawyer.
    Last edited by gweedoh; 08-12-2011, 07:52 PM.

  • #2
    Have you notified your insurance company? They should be the ones to try to recover for you, and may pay your medical as well. You can always sue in small claims court.

    BTW, the claim is probably too small for a lawyer to take anyway, but lawyers immediately up the game, and you get a whole lot more in the end than you could get for yourself without a lawyer. No one takes you seriously without a lawyer.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      If I remember correctly per your other thread, you reported the accident to your ins.
      co. & I believe the at-fault party's ins. co. It also seems damage to the vehicle is
      being taken care of.

      What did your ins. co. (or the other co.) say about medical payment? As Alice said,
      you could sue the at-fault party in small claims court if the ins. companies will not
      pay for medical. You don't need a lawyer to do this. It would be up to you if you wanted to talk to a lawyer.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Yes, we notified our insurance co. about the accident but haven't talked to them about the medical portion. We figured that since the other company is paying for the auto repairs we needed to take the medical up with them as well.

        I agree our current claims are pretty measly, and like I said, we're really not looking to stick it to them. I just wanted to know what we should reasonably expect to settle for without a lawyer.

        Comment


        • #5
          We really can't give you an amount. You will have to see if you believe what is
          offered is reasonable to you. I wouldn't expect a lot offered based on your post.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X