Separate Settlements for Family Members?

[mikeb7418]

What is the name of your state? Pa

Hi quick questions...my family of five were rear ended and unfortuanately all of us were injured (some more serious than others). Can we settle for some of the injuries (that were minor and no further treatment is necessary) and wait for the other settlements? Will it be five separate settlements or will all be combined into one settlement. My injuries were terrible and I am facing surgery so I am in no hurry to settle since the extent is yet to be determined (I am aware of the 2 year limit to file in PA).

 

[moburkes]

What is the name of your state? Pa

Hi quick questions...my family of five were rear ended and unfortuanately all of us were injured (some more serious than others). Can we settle for some of the injuries (that were minor and no further treatment is necessary) and wait for the other settlements? Will it be five separate settlements or will all be combined into one settlement. My injuries were terrible and I am facing surgery so I am in no hurry to settle since the extent is yet to be determined (I am aware of the 2 year limit to file in PA).

There will be 5 separate settlements. The problem, though, is that the amount of insurance money available for the settlements is finite. What are the bodily injury limits (2 numbers) for the at fault party?



Oops. I just realized your state. Does your current policy have full or limited tort? How much 1st party coverage do you have?

 

[mikeb7418]

I have full tort. I am not sure of the policy limits of the at fault driver but I have a good amount of underinsured coverage (I have 2 cars with $500,00 coverage each and stacked). The unfortunate thing is I had fairly low per person medical ($10,000)...enough to cover my kids (minor injuries) but not near enough to cover mine (I have used up about 6,000 and am facing surgery and numerous other bills). My wife is also approaching her limit for medical.

 

[moburkes]

I am proud to say that, you, sir, did the right thing on your auto insurance policy. I don't see you having any problems whatsover. Good luck!

 

[mikeb7418]

I am just overwhelmed with the whole process. Due to the number of injuries and severity of my injuries (major neck injury, disc damage and possible nerve damage), using underinsured coverage (if necessary), we will be obtaining an attorney to help us through this process. I appreciate your prompt answers.

 

[ecmst12]

I was going to suggest that you consult an attorney if you are feeling overwhelmed by the process, but it looks like you figured that out on your own

Your health insurance will pick up after your auto coverage is exhausted, but you will have to pay them back out of whatever settlement you get. Make sure you get a statement that your auto PIP coverage is exhausted and send it to your health insurance company, when it happens.

 

[mikeb7418]

Thanks for the information. That is good to know just in case I exceed my auto insurance medical coverage prior to getting an attorney. I am in the process of obtaining one soon and I am sure they will know to get a letter indicating I maxed out my auto. coverage. I am thankful that I have health benefits through work. I imagine a lot of people settle prematurely (prior to knowing extent of injuries) just so they can pay the medical bills. The only thing I am in a hurry to do is getting better (get rid of the terrible pain) and settlement can come later.

 

[ecmst12]

Getting a letter about your benefits being exhausted shouldn't be a big deal, you can just ask the adjustor assigned to your case (at your auto insurance company) and they should be able to send it right out. It's pretty standard practice.

 

[mikeb7418]

Do I have to keep track of it? Bills trickle in sometimes a month later after treatment. I could exceed the amount and not even know it. Will my insurance company alert me or do I have to be proactive in tracking this. I assume if I get an attorney, they will handle this.

 

[ecmst12]

The auto company has probably been sending you Explanations of Benefits as they've been paying your claims....if you are reviewing them, you'll see when they start denying for benefits being used up. I'm not sure if they'll send you a separate letter notifying you, but they might. Just keep an eye on any notices you get from your insurance company. Though if you have $4000 left, it probably won't be used up until your surgery.

 

[moburkes]

That's a good question, and ecmst12 gave a good answer. Remember that bills are due immediately. The doctor doesn't want to, and is not required to, wait for your case to be completed before getting paid for treatment already rendered. You don't want a bill to go to collections, while you're waiting for a settlement. That will unnecessarily mess up your credit.

 

[mikeb7418]

Good point. I have been getting the Explanation of Benefits from my company and bills are still being paid. Most appoointments when I set them up have been asking for both auto and health insurance information. I will pay close attention when I sense I am getting really close to max. benefits. Thanks for all the information.

 

[mikeb7418]

I was able to find a good PI attorney. It turns out my brother who is an attorney (non PI) who lives in another State knew a very reputable one near where I live. I met with him and he indicated we have a very good case. I signed the papers so at least I do not have to worry about the legal aspect anymore. What is nice is he waived part of his fee (lowered contigency from 33 to 25% ). Again, thanks for all the advice.

 

[ecmst12]

25%, that's a really good deal! Glad everything is working out, good luck