If I was rear-ended in an accident and insurance only covered 60%, what is myrecourse?

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If I was rear-ended in an accident and insurance only covered 60%, what is myrecourse?

The total doctor bill was about $4500. Why are they giving me a hard time?

Asked on July 13, 2012 under Accident Law, Illinois

Answers:

Andrew Goldberg

Answered 8 years ago | Contributor

If your accident happened in a no-fault State like Pennsylvania, then your medical coverage contained in your auto insurance policy pays for your medical bills. In Pa., by statute, you have to have a minimum of $5000 of medical coverage. However , the same statute says that the auto insurer pays about 60 cents on the dollar but the doctor or hospital cannot bill the balance to the patient. You need to call a lawyer to check that out. You may not be responsible for the other 40%. Next, you can also sue the rearending car's insurer for your injuries, pain and suffering, and out-of-pocket med expenses.

Robert Slim / Robert C. Slim - Attorney at Law

Answered 8 years ago | Contributor

They are giving you a hard time because you do not have a lawyer.  Trying to represent yourself against an insurance company is like bringing a knife to a gun fight.

They are only giving 60% for several reasons.  They could be trying to say that you were 40% at fault in the accident.  Maybe they are saying that you pulled out in front of the other vehicle or something like that.  They might also be thinking that you either were not hurt or that your doctor is overcharging for your treatment.  

There could be a number of reasons why they are giving you such a hard time.  I cannot tell you for sure without more details.


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