I was in a car accident a yr ago, I'm sill suffering injuries, not back to work either. I was tboned on my drivers door by another car that blew through a stop sign at 60 mph. He then jumped out of the car a ran , he's never been caught. The car wasn't registered to anyone in it they only had it cause it was a payment for a drug deal. Fun right and this was on a Sunday morning . I want to start a demand letter for my State Farm unisurned motorist coverage settlemt but just need to know what info will help me get the best settlement .
You should include the total amount of the medical bills, regardless who paid. And don't just include the total paid by BCBS. Although the insurance company will likely only include the value of the amount paid by insurance company + unpaid bills (or bills your paid), you should still submit all bills.
Also, your health insurance company has a subrogation interest. If you fail to pay them back out of your settlement, they can sue you.
Look, I understand why people want to do this themselves. But you can really end up putting yourself in a bad spot. Aside from that, insurance companies don't care that you were hurt. They care about their exposure. But their exposure is limited with unrepresented parties because they have fear of being sued.
Anyway, I wish you good luck, but don't be surprised if you get a disappointing offer.
TSR Injury Law
Your damages are measured by The cost of your medical expenses, your lost wages, diminished earning capacity, pain and suffering, loss of enjoyment of life, etc. All of these things need to be proven by you in order to make a recovery, either from the insurance company by settlement or from a jury following a trial. I know that it sounds like a broken record, but you would be wise to consult with an attorney before settling any personal injury claim with an insurance company on your own. You want to be sure that you know about any and all insurance coverage which is potentially available to you, including sources other than your underinsured policy (liquor liability or other options). A settlement is final, so you want to make sure that you have made the best possible deal when you ultimately sign a release and settle the claim.
You present a very interesting set of questions. First, just because the car was not owned by the occupants doesn't mean there is no coverage. If the driver had it with the owner's knowledge and consent, express or implied, the owner's coverage will apply, if there is any. As for the medical expenses, the is a Supreme Court case that says the liability insurer gets the benefit of any health insurance discount you got. But that's a long way from the whole story. You should take the position that all the meds are part of your damages. Whether they are or aren't depends on what entity paid them and what that entity's payback rights are. Whether it matters depends on your damages and the available policy limits. One category of med bill payments that will be subtracted are no-fault medical expense payments. They always come out. Unless your damages clearly outstri the available coverage, you need a lake to sort this out; quite complicated.
It would be the same thing as malpractice for me to advise you "how-to" do our own personal injury demand letter. Insurance industry statistics verify that those without attorneys obtain less than half what those who are represented receive. I've talked to adjusters who claim not even to read "demand letters". More important is the underlying documentation that is submitted, and how that injury information is evaluated by insurers. Here's how: BLUE LINK BELOW
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