? bodily injury claims after a motor vehicle acident

[daisyd]

I was in a not-at-fault car accident and I've been receiving mails from the other person's insurance company telling me to contact them if I planned to make a bodily injury claim. My medical bills ran over 6k (I was lucky to escape without major injuries, my car was totalled though) and my auto insurance has referred me to my health insurance company for further bills after covering the first 2K. I'm receiving letters with threatening overtones about overdue bills and my insurance company said they would handle it. My question is - is it absolutely necessary for me to contact the other person's insurance company? I have my plate full with working full time, caring for DC and making multiple calls to my auto, health insurance company. I'd rather not have to rehash the details yet another time. Please advise.

[sariana]

That doesn't sound right to me. I would be very wary of talking to the other party's insurance company directly. I would contact my own insurance company for advice. It sounds to me as though they are trying to intimidate you. Does your state have an insurance commissioner? Maybe check your state's web site to see if it has an advice section or anything like that.

[wellyes]

Time to call a lawyer. Definitely.

[daisyd]

Thanks for your suggestions. I'll look into both options.

[hellokitty]

Your insurance company is supposed to deal with the other person's insurance company. I would NOT contact them, it sounds fishy to me that they are hounding you.

[mctlaw]

I'm glad you are doing ok and were not hurt worse. I do insurance-side injury litigation.

Though I do not know what state you are in and the laws vary, the letters you are getting sound completely normal to me so I would not be too concerned about them.

Since you are not at fault and the insurance company for the at fault driver is aware of a possible injury, they are contacting you (and may be obligated to attempt contact by law) to remind you to tell them if you plan to make a personal injury claim against the other driver's insurance. You have a certain amount of time according to your state's laws to make such a claim, which may include not only medical bills, but pain and suffering and any lost wages.

By my reading of what you have done so far, it sounds as if you have no plans to make a personal injury claim. However, if you are considering doing so, then you should call them and notify them that you were injured and are still considering your options. They may request a recorded statement and you can simply say you are uncomfortable doing so. In addition, you by no means should expect that your own insurance company can do anything to help you collect money from the at fault driver's insurance company. At most, they might later file a subrogation action to collect the money they paid you (but that is not likely to happen over $2,000) and if so you might get your deductible returned. If you a re considering a personal injury claim I agree with PP to get a lawyer.

As far as your own insurance not paying your bills they told you they would pay, that's a separate issue and it is your credit, so I would either continue to follow up in writing notifying them of your concerns about your credit, or pay them yourself and get reimbursed.

GL and feel free to pm me if you have any follow up questions.

[bubbaray]

If you have medical bills of any amount, IMO you need to make a bodily injury claim.

Other than that, a huge :yeahthat: to mctlaw.