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 foregoing is not legal advice and in no way constitutes the formation of an attorney-client relationship. Do not take action based on the above. Do consult with an attorney in your area as soon as possible. If you are in New York State contact me directly at (607) 936-8057.
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
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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
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 counsel on any specific problem. No attorney-client relationship is created or intended to be created by use of the Avvo website or the information contained in this response to a question. An attorney-client relationship is only established by a signed retainer agreement with my office. The information presented here is based on the laws of the state of Minnesota. Anyone viewing this information who resides outside of the state of Minnesota should be aware that the laws in their state may differ. Every effort has been made to present accurate and current information. If you have a question about the accuracy of any of the information presented here, please contact Bradt Law Offices at 218-327-1235.
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.
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
Sign up to receive a 3-part series of useful information and advice about personal injury law.