South Carolina: My toddler and I were in an accident! The at fault drivers insurance said they would pay. My bills are around 18k so far and my toddlers is way less! Question? My visits have been filed under medicaid which I know have to be paid back! If the at fault insurance is only state min 25/50/25 and I only have state min as well, if my bills go over the 25k will my UNinsured kick in because I DON'T have underinsured? Also, if the at fault doesn't habe enough coverage then if they or someone in their household have insurance on another vehicle can that coverage kick in to cover the overage? Also, can medical negotiations(to reduce the amount I have to pay back) start before I settle to save time after settlement? If so does the at fault insurance get that discount or are they still liable for the full amount? Also, I have PIP coverage aka personal injury protection.) If the amounts are negotiated down do I still get the full amount or the negotiated amount?
Your layers of coverage are liability policy on the at-fault vehicle, then liability policy of driver (driver is named insured on different policy than vehicle), then Underinsurance policies. Uninsurable doesn’t apply in this scenario because there was liability insurance. Your PIP should pay your and your child’s medical bills up to the limits of PIP coverage. If you lived with a relative, their policy may provide you additional coverage. Yes, all amounts due to providers or health insurance carriers (including Medicare/Medicaid) can be negotiated down.
Given the amount of your bills, I highly suggest you obtain legal representation to ensure you are obtaining the maximum recovery (and paying back the least amount) for you and your child. Use the “Find a Lawyer” button at the top of the page to find proper legal representation.
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