I was in an auto accident with some minor injury. i saw an orthopedist and a chiropractor for my arm, shoulder, neck , wrist.
the other person insurance co accepted fault. now they are picking the bills apart saying that it wasnt part of the accident. i had my arm in a cast for 12 weeks, i have shoulder and neck pain from the beginning but seem to get worse with some of my sleeping habits from the cast. the insurance company also said they are looking into my healthcare becuase they paid some of the bills. first am i still intitled to the full amount ? and second can the insurance company say the bills arent related to my injury if the dr says they are. i dont want to get a laywer but i am not getting collection calls for my portion not paid by my healthcare. how long does this other insurance company have to make an offer?
Attorney answers (4)
Jason Eric Kipness
Reputation Level 14
Answered over 2 years ago.
Car / Auto Accident Lawyer in Dallas, TX.
You need to contact a Texas personal injury attorney to discuss your case. You should not sign any insurance company documents or communicate with them anymore without speaking to an attorney.
A lawyer will need to review your medical records/bills to see if there is a basis for the insurance company to state some of your bills are not related to the accident.
Please visit the site below for free information on Texas personal injury topics. This site also allows you to submit your case via confidential e-mail or by calling our office.
Good luck.
Jason Kipness
If you had your arm in a cast for 12 weeks, then I don't you had just a minor injury.
How long are they permitted to continue to try to take advantage of you? Until it is too late for you to do anything about it.
Last week, a client found me on AVVO. He had been working with the insurance company since May, and had all of the same conversations you had. I met with the client at the location of the accident on Thursday morning, and sent a letter to the insurer on Friday explaining why we weren't going to let them continue to take advantage. On Monday, they offered the limits of the insurance.
You may not want a lawyer, but the insurance company's conduct makes hiring one the essential next step for you.
Feel free to call and speak with me, or with my associate who is an attorney and also a registered nurse: 888.473.2580. We help clients all across Texas.
Respectfully,
Marc C. Lenahan
David Gordon Hart
Reputation Level 7
Answered over 2 years ago.
Car / Auto Accident Lawyer in Colleyville, TX.
My question to you is why do you not want to get an attorney to help you? The insurance company is not helping you, and seems to be taking advantage of your good nature. In Texas, you are entitled to recover several elements of damages, including past medical bills that are both reasonable and necessary as a result of the accident. You may only recover the amount actually paid or incurred. Obiviously, the insurance company can say the bills are not related, because they have said so. You have the burden of proof to prove that the treatment you received is as a result of the accident. Lastly, generally, in Texas one must file a lawsuit before the expiration of two years from the date of the accident to preserve any claim. If you have not settled or filed a lawsuit within two years, your claim most likely, will be forever lost. There are very few exceptions to this rule. You should contact a Board Certified Personal Injury Lawyer, like me, to help you.
Jeffrey Pierce Fultz
Reputation Level 8
Answered over 2 years ago.
Car / Auto Accident Lawyer in Houston, TX.
The insurance company is probably making sure that your injuries are related to the accident which is the basis of your claim which is standard in the industry. They may be considering pre-existing conditions too. However, if your physician says the injuries are related to the accident, then you probably need to contact a personal injury plaintiff firm for assistance. The insurance company is typically under no time limit to make you an offer.
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