When they calculate my settlement and say medical expence, do they mean what I paid out of pocket or what the total I paid&BCBS

Asked 10 months ago - Cook, MN

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 .

Attorney answers (8)

  1. Isaac Ingram Tyroler

    Contributor Level 7

    8

    Lawyers agree

    Answered . 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.

    Isaac Tyroler
    TSR Injury Law
    651-230-7816
    isaac@tsrinjurylaw.com

  2. Jeremy Judson Cobb

    Contributor Level 14

    8

    Lawyers agree

    Answered . You'll almost certainly end up with more money in the end by hiring counsel. The savings are illusory.

  3. Michael Anthony Donlon

    Contributor Level 11

    7

    Lawyers agree

    Answered . Sorry to hear of your unfortunate situation. You should consult an injury attorney in your area. If you have a significant claim you can bet an insurance adjusters will not give you a fair shake if you are not represented. It is unfortunate, but true. Best of luck!

    I am not familiar with the circumstances underlying this particular incident. Please be advised that the... more
  4. Steven M Bradt

    Pro

    Contributor Level 7

    4

    Lawyers agree

    Answered . 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.

    This response is intended to provide general information and is not intended to substitute for individual legal... more
  5. James A. Lavoie

    Pro

    Contributor Level 4

    3

    Lawyers agree

    Answered . 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.

  6. Tricia Dwyer

    Contributor Level 19

    2

    Lawyers agree

    Answered . Hello. I urge you to have an attorney represent you in this matter. Your attorney has the duty zealously to assert your rights and seek the best resolution for you. As to 'expense', presumably it means the grand total. All the best.

    Minnesota licensed attorney
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Best bet is to retain a local personal injury lawyer to get maximum compensation, as opposed to a tiny nuisance settlement

  8. Andrew Daniel Myers

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more

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