Will they pay?

[robbob]

What is the name of your state? MA.

My wife was involved in an accident on 12/03 when a vehicle traveling in the opposite direction turned left in front of her car. The other driver was found at fault. Damage to my wife's car was just over 5k, and her medical expenses were roughly 2k, if I remember correctly.
She thought about suing, but decided against it because she was unharmed except for minor wrist and back pain. She was also eight months pregnant at the time and the baby was unharmed. Insurance paid for repair of the car, medical bills and missed time from work.

Recently while paying bills (my wife usually does this), I noticed charges for her chiropractor. I of course knew she was seeing one, but never really thought of the cost until now. Looking back, the amount spent since 1/04 has been at least $810.00 in co-payments. I guess it does add up.

Can she contact the other driver's insurance company, ask for this amount and get it? The problem I see would be that my wife was never refered to a chiropractor by a doctor, she went on her own. Would they possibly agree knowing that she could probably hire a lawyer and sue for pain and suffering and get much more than that?

Any ideas?
Thanks

 

[I AM ALWAYS LIABLE]

What is the name of your state? MA.

My wife was involved in an accident on 12/03 when a vehicle traveling in the opposite direction turned left in front of her car. The other driver was found at fault. Damage to my wife's car was just over 5k, and her medical expenses were roughly 2k, if I remember correctly.
She thought about suing, but decided against it because she was unharmed except for minor wrist and back pain. She was also eight months pregnant at the time and the baby was unharmed. Insurance paid for repair of the car, medical bills and missed time from work.

Recently while paying bills (my wife usually does this), I noticed charges for her chiropractor. I of course knew she was seeing one, but never really thought of the cost until now. Looking back, the amount spent since 1/04 has been at least $810.00 in co-payments. I guess it does add up.

Can she contact the other driver's insurance company, ask for this amount and get it? The problem I see would be that my wife was never refered to a chiropractor by a doctor, she went on her own. Would they possibly agree knowing that she could probably hire a lawyer and sue for pain and suffering and get much more than that?

Any ideas?
Thanks

My response:

Who paid for the repairs and medical expenses - - your insurance company, or the tortfeasor's insurance company?

Also, had your wife signed a Release of Liability form when the vehicle repair was paid, when the medical bills were paid, and/or when her loss of earnings were paid?

IAAL

 

[robbob]

The lost wages were paid for by a check from our insurance company. I'm assuming they were reimbursed by the at fault party's insurance.

The car was repaired, I do not know who actually cut the check to the autobody shop. If it was our company, I again assume the they were repaid.

The same is true for the medical expenses. Although, I remember receiving medical bills from my wife's health insurance company. Our car insurance company instructed us to forward them to the other driver's car insurance company. Our company also advised us to contact her health insurance co. and have them mail all future medical bills to the at fault driver's ins. We did as told and have never received any other correspondence from the health ins. co.

As for a release of liability form, I am fairly certain she did not sign any. I filled out the paperwork for the lost wages and she signed it, nothing was ever signed in regard to medical payments, and I signed off on the car repair when I picked it up.

Thanks for the response.

 

[robbob]

Anyone else?

 

[teflon_jones]

If you still have the claims adjuster's phone # from the accident, give them a call and see what they say. Based on the information you provided, it's not really possible to say what will be paid.