how much should I expect to get paid for medical expenses for the insurance company
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how much should I expect to get paid for medical expenses for the insurance company
I was in a motorcycle accident and had no insurance because I just bought the motorcycle. It was found to be the other driver’s fault and their insurance company said that they would pay medical expenses. I live in
CA and we have a no pay no gain law, so they said they will not pay for pain and suffering. I have a compound distol radius fracture and need a steel plate and screws put in. I was wondering how much money I should expect for medical expenses.
Asked on May 20, 2017 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Compensation for your medical bills is straight reimbursement.
The insurance company is misleading you. You are entitled to receive compensation for pain and suffering which is an amount in addition to the medical bills. It is based on the medical reports which document your injury. There isn't any no pay/no gain law whatever that means. You are also entitled to receive compensation for wage loss which is straight reimbursement.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Those items should be included in your personal injury claim filed with the at-fault party's insurance carrier.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance company, reject them and file a lawsuit for negligence against the at-fault driver.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the two year statute of limitations or you will lose your rights forever in the matter.
CA has a two year statute of limitations in personal injury cases. Your lawsuit must be filed prior to the two year anniversary of the date of the accident.
As for the false statement from the insurance company regarding pain and suffering, you should report that and file a complaint against the company with the insurance commissioner's office. You also might want to consider filing a bad faith lawsuit against that insurance company.
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