Visitor Question

Insurance Company Won’t Pay Medical Bills…

Submitted By: Kristy (Colorado)

I was waiting at a red light with my daughter in my jeep when I was rear ended by a sedan. At first I didn’t feel too bad, just a little sore – my lower back became sore if I slept on my back.

I went to the doctor and was told I had a dislocated pelvis. I tried therapy until the bills got to be too much and it didn’t seem to help. I can not work now or sleep in my own bed (I now sleep in a recliner) because of the pain.

I am at my wits end with my insurance and my doctor. I am changing doctors. What can I do about the insurance? I have been moved from one department to another for over a year. Our bills are starting to overwhelm us and in this condition I can’t work to help pay them. This is a lot of strain on our family, any help would be greatly appreciated.

I have been dealing with the insurance company for two years and my injury is getting worse. How can I make the insurance company pay my medical bills and lost wages? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kristy,

When the collision occurred you should have exchanged insurance information with the driver of the sedan. After that you should have contacted her insurance company. Once you contacted them the insurance company’s representative, commonly called a “Claims Adjuster,” would have initiated an investigation into the case to determine the issue of liability of her insured.

In almost all cases the driver of a vehicle following another vehicle is at fault in a collision. This is because (whether by law or policy) a driver following behind must stay back at least one car length for every 10 miles per hour.

With that in mind we can presume in your case the Claims Adjuster accepted liability on behalf of her insured, the “at fault” driver, and then asked to come out to take a look at the damage her insured caused to your vehicle. The Claims Adjuster would then have either issued you a check for the amount of the repairs to your Jeep, or have paid the body repair shop after your Jeep was restored.

The next step would be for the Claims Adjuster to agree to reimburse you for the amount of medical bills you’ve already paid, and for those future reasonable medical bills incurred as a result of the collision.

We are concerned about the “2 years” you mention you have been dealing with YOUR insurance company.

First, you should never have had to look to your insurance company for payment of your medical bills.

Second, and potentially far worse, is your failure to take any legal action during this period. The laws in Michigan regarding Personal Injury cases are the same as in most other states.

Michigan has a 2 year “Statute of Limitations” within which a person injured as a result of the negligence of an at-fault driver must either settle her claim or file a lawsuit.

If the settlement does not take place within the 2 year time period and you HAVE filed a timely lawsuit, then the Statute of Limitations “Tolls,” meaning you have not forfeited your rights to pursue your claim against the at-fault driver.

Regrettably in your case the 2 year Statute Of Limitations may have already run out. Your reference to “dealing with your insurance company for 2 years” gives us reason to believe you may have already forfeited your right to file suit against the at-fault driver.

If it has been less than 2 years we strongly suggest you immediately file suit against the at-fault driver so as to protect your rights by tolling the Statute of Limitations.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 23, 2011

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