Visitor Question

Problems with Underinsured Motorist Bodily Injury Coverage…

Submitted By: Anonymous (USA)

My husband was in an auto accident with a driver who was cited for failing to maintain their lane. She managed to give false insurance information to the police as we later learned she was uninsured.

My husband went to the hospital by ambulance and all bills were paid by his work health insurance plan, it’s a group plan overseen by his union. Thankfully his injuries were not life threatening. He went through physical therapy for neck & elbow pain (he hit the guardrail at 70 mph).

Our Auto insurance company had promptly given us a property settlement for the totaled vehicle, he was then assigned a separate adjuster for bodily injury (we have UI/UM coverage). This was 10 months ago.

The adjuster has called, and said he hasn’t received any info from the doctors. My husband did sign the medical release authorization. My guess is this adjuster is full of it, he wants us to fax copies of bills and he never asked for medical records.

We’d like to know what we should write in the letter to the adjuster. We did not plan on making a demand but wanted to see what offer he makes. My husband recently went back to the doctor for existing pain that is intensifying, and he recently had more x-rays and an MRI but we don’t know the results yet.

Should we send the medical bills to the adjuster with a letter demanding compensation? We really don’t know what to do. 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 Anonymous,

You seem to be going through what too many people in this country go through. Insurance companies are notorious for doing everything they are legally permitted to do to withhold money from their customers as well as those who deserve compensation for their injuries.

Every day a Claims Adjuster holds money back is another day their company gets to keep their money in the bank. Multiply your claim by hundreds of thousands of daily claims and you can imagine the millions, if not billions of dollars insurance companies keep in the bank drawing interest. In the insurance and banking business its referred to as “the float”.

Write a demand letter to your insurance Claims Adjuster. Calculate your husband’s medical bills and multiply the total by at least 3x and you will eventually be in a position to make a demand for at least that amount. That would be a good way to start the settlement negotiations. But before you do, wait to see what your husband’s injuries turn out to be. Until such time as you know approximately what the final total of medical bills will be, you won’t be in a position to make a claim.

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: October 3, 2011

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