hit and run, drunk driver medical bills insurance?

Question

My family and I were hit in an automobile accident by a drunk driver. He also fled the scene, but was caught by a police officer who saw the entire accident. He had insurance. We all suffured back, neck and head injuries. Between us all, we need therapy, surgery, nurological work etc. Yes, all expensive stuff. None of us have health insurance and we are suffering. It's pain pills everyday. The driver had automobile insurance. My question is, will his auto insurance pay our medical bills as we go through the medical things we need? Or do insurance companies simply wait until the "settlement phase" to pay one lump sum? None of the doctors we need to see will see us since we have no insurance and the treatments will costs thousands. What do we do here? Don't they have to pay, the accident was 100% the other driver's fault. He ran a red light, T boned us doing 45 MPH was completly drunk, open container, then fled.

Answer 1

His insurance company does not pay your bills; you are responsible for that, whether you have health insurance or not. They do not advance payments, they do not pay your bills as you incur them...you are not their insured, they do not have a contract with you that says "if you're hurt in an accident we will cover your bills." (That's why YOU have your own insurance.) All his insurance company will do, once you are done treating, is review the medical records for each of you and offer each of you one lump sum settlement--this number is based upon reasonable, related, and medically necessary treatment. If you owe money to people, you pay them out of that...you keep whatever is left over.

If you want to get a lawyer, go right ahead. But having a lawyer doesn't get you treatment, it doesn't get your bills paid as you go, and they add absolutely no value to your claim. You give them 1/3 of any settlement, they work out some arrangement with your doctors to reduce your bills by 1/3, you get "your share," and the lawyer is the one who makes out.

Answer 2

There are a few things you can do:

1) Get a copy of the accident report. It should have been done through either your City Police, County Sheriff Dept., or Highway Patrol. Just call and get your case number, using the date of the accident and the names of those involved.

2) Seek your medical treatment and give them a copy of the report so they can bill his insurance company. The report will have the date of the accident, drivers name, Insurance company, policy number and names of the victims (you and your family).

3) Just so you know, his insurance may not cover all the expenses. There is a limit of liability for medical and property damage. It can be "bought up", but that's only if he chose to do that prior to any accident.

4) If your medical expenses are going to be more than he has coverage for, you'll have to seek the remainder from a law suit. If that's only a couple of thousand, you can go through small claims. If it's over that, you'll need to hire an attorney. You might also want to talk to an attorney just in case, and find one that's recommended or will give a free consultation.

5) Remember, if the guys unemplyed or has a low paying job, your can sue all you want, but you can't get blood from a stone.

6) If you had insurance on your vehicle, it should also cover injuries to you and those in your vehicle.

7) If you only had liability only, you should still be covered for medical, but you'll have to do all the leg work yourself. If you have full coverage, you just paid the agent / insurance adjuster to help you.

8) ALL THE ABOVE IS DEPENDENT ON WHAT YOUR STATE REQUIREMENTS ARE AND WHAT YOUR INSURANCE COMPANY POLICY IS. This is not intended to be legal advice, it's just suggestions.

Answer 3

Do you have any medical payments coverage on your policy, or underinsured motorist coverage?

The problem is, you have to see the doctors right away, to establish the injuries and the relationship to the accident. The SECOND problem is, this guy is likely carrying very low limits of liability coverage - and it might not go too far, divided by 4-6 people.

If you didn't carry any medical payments coverage for you and the people in your car, do NOT expect the insurance company to pay in full, all your medical bills.

His carrier will stop paying, as soon as the policy limit is reached. If there's a DUI exclusion on the policy, or he's an excluded operator, they won't pay anything.

In any case, you have to get treated. So do what you need to do, and worry about paying for it later.

Answer 4

Get a lawyer, they will take your case now for free, and don't get any money til the "settlement phase" (usually around 1/3 of your winnings). The lawyer will give you names of Dr.'s who work with accident insurance claims. These Dr.'s will help back up your claims for your pain and suffering so it is in the lawyer's best interest to recommend them to you. The medical claims will go thru the guy's insurance first and then thru yours if you reach his policy's limits.

BTW it's none of my business, and you didn't ask about this, but please be careful with the pain meds they are highly addictive, and not fun to try and get off of (I know).

Best of luck to you and your family.