Canperson waiting for an insurance claim to be paid get some type of temporary advance from the insurance company?

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Canperson waiting for an insurance claim to be paid get some type of temporary advance from the insurance company?

A friend was rear-ended totaling her car and injuring her back. She will be covered under the at fault driver’s insurance but not until all medical bills are in and the claim is closed. She is a surgical assistant and has been unable to work, so no income and continued back treatments. She is in fear of loosing her home due to lack of money for rent. She’s almost out of money. I looked at DHS but there does not seem to be an option for her situation. Any advice, can she force some type of payment from his insurance before her final medical claims are in?

Asked on July 20, 2011 Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Insurance policies are contracts; what  the insurer has to pay is governed by the terms of the contract. Generally, therefore, advances are only required if the policy says they are, and this applies typically only to your own insurance (e.g. if covered under your own no-fault).

Her only recourse to try to move things along may be to sue the other driver--there is no law saying that someone has to wait until all costs and damages are finally known and paid for before suing (obviously, what is known will affect how much can be sued for). If she sues, her attorney may be able to work out, as part of a settlement, some immediate payment by the other driver's insurance. She therefore should consult with a personal injury attorney, many of whom will take cases like this on contingency (i.e. the attorney is only paid if and when the plaintiff is paid).


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