What to do if I was injured in an automobile accident?

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What to do if I was injured in an automobile accident?

I know the insurance company takes into consideration the dollar amount of medical bills and wage loss when determining the bodily injury settlement. Once they determine a settlement amount, and I accept the offer, do the medical bills and wage loss previously paid get deducted from that settlement amount or are those paid over and above the bodily injury settlement offer? For example, total wage loss and medical bills paid are $25,000. If an offer is made and accepted for $75,000 would the amount I get to keep be $75,000 or would the medical and wage loss already paid be deducted from that $75,000?

Asked on March 27, 2013 under Accident Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the way generally these things work. You get a personal injury attorney who works with the medical billers to hold the medical bills and negotiate those down to a more reasonable amount all while he or she is negotiating with the insurance company to raise your award amount. Once all the dollar figures are worked out (lawyer cannot negotiate down the medicals any more and negotiate up the award amount any more), one big check is cut and placed in an escrow account wherein the bills are paid out (lawyer's fees, medicals and your net amount).


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