The liable party's insurance will not pay for medical treatment until settling the claim.

Asked almost 4 years ago - Lafayette, LA

I need to see a doctor, do I go to my UI provider or through my own health insurance. At this point they said the claim is in underwriting and have not said whether the driver of the car was covered under the policy. It was a licensed driver that borrowed his uncle's car with permission. I am seeing a chiroprator who will wait until I recover from the insurance, however he said that I need to see a specialist.

Attorney answers (4)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Best Answer
    chosen by asker

    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    If your accident occurred in the State of Louisiana, you should see a personal injury attorney immediately, because Louisiana has one of the shortest tort statute of limitations in the country. Your attorney can advise you on the best way to secure medical treatment now.


    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  2. John Clint Wallace

    Contributor Level 10

    1

    Lawyer agrees

    Answered . You should contact a local personal injury attorney immediately. In Florida, you would look to your PIP benefits, which are part of your car insurance policy, to pay your medical bills. PIP would pay 80% of the first $10,000 of your medical bills. Your health insurance would then pick up the remaining 20%. There are several potential insurance policies in play, including the at-fault driver's policy, the uncle's policy that lent his car to the driver (under a negligent entrustment theory), and your own UM/UI policy.

  3. Derek C Holland

    Contributor Level 6

    Answered . Your best bet is to contact a Personal Injury attorney in your state, the sooner the better if you are in need of seeing a specialist. Your attorney will be able to assist you and give the best advice.

  4. Timothy J. O'Hare

    Contributor Level 11

    Answered . I would contact a personal injury attorney immediately. Whether it is my firm (yes, we take caes in Louisiana), or another, that is your best bet. You will likely get the treatment you need and get more money in the process if you hire a lawyer. Feel free to give us a call. 1888-960-0020. Good luck if we don't hear from you.

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