How do I proceed to get my medical treatments covered once PIP has been exhausted?

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How do I proceed to get my medical treatments covered once PIP has been exhausted?

While visiting my brother in California, I was struck from behind while standing outside of our car. The driver of the car hit a parked car with enough force to turn the parked car 90 degrees up onto the sidewalk and in turn propelling the car into me slamming me face first into the side of our car. I suffered a full body concussion with intense bruising to the thorax sustaining multiple internal and external contusions and a head trauma. I have been undergoing treatments from a Naturopath/Chiropractor with steady results but my left leg, left arm, back and neck are still in need of continued therapy, but my PIP has been exhausted. The agent for the party at fault had lead me to believe that their clients bodily injury/liability would continue to cover my treatment until I was well but now they are saying I need to make some sort of claim and I am unsure what needs to be done.
Can you advise on how I need to proceed?
Thank you

Asked on March 28, 2016 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can try first by submitting a written claim to at fault driver's insurer, which may request additional information, or which may either refuse to pay it or even refuse to acknowledge it.
If they won't pay, or if you don't even have the information to submit a claim to them, your next step is to sue the at-fault driver (you sue the driver, since he/she caused the accident, and not the insurer; the insurer will defend and/or pay for the driver up to the limits of his/her policy, if the driver appears to be at fault, but is not directly liable to you) for your costs, injuries, and losses. Unfortunately, you will have to pay for your own therapy initially, if the insurer refuses to pay voluntarily; when you have to sue, you foot the bills, then seek reimbursement, since you will not get any money from them unless you win and until the case is over.


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