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If you have been injured by
another person's negligence you will be dealing with an
insurance company and/or insurance companies in
recovering fair value for your injuries.
Insurance companies to
be dealt with and issues include:
The Insurance Company for
the negligent person. This company is called the third
party carrier. This company provides insurance coverage
for negligence committed by their insured. When you
are injured because of another person's negligence your
recovery will come from the third party carrier.
Barriers to fair recovery include proving the other
person or entity is negligent and this negligence caused
your injuries. These are the liability and causation
barriers.
Next comes the
appreciation of the nature and extent of your injuries.
Often the third party carrier will argue your injuries
are really preexisting conditions or they were caused by
another event. Even when causation is established
the third party carrier rarely agrees your case is worth
what you believe it is worth.
Your Insurance
Companies. The third party company will usually
not pay your medical bills for necessary medical
treatment related to your injuries until the end of the
case. This means you will be dealing with your insurance
company to initially pay your medical bills. When you
are injured in a motor vehicle collision your automobile
insurance policy often includes provisions for payment
of your bills for necessary medical treatment. Your
insurance policy likely has a provision allowing it to
have you go through a medical exam to determine if your
treatment is necessary. After the exam, your insurance
company may argue your medical treatment is no
longer necessary despite the fact your doctor
disagrees. Assuming your automobile insurance company
pays its insurance limits for your necessary medical
treatment (usually $10,000), your health
insurance company likely provides coverage for your
continuing injury related medical bills.
Continuing payment must be coordinated with your health
insurance company. Both of your companies will have
a provision stating you must pay them back for the
injury related medical treatment they paid for from your
recovery from the third party carrier. This is called
subrogation. Depending on the facts in your case
sometimes your companies have a right to subrogation,
but at other times they do not.
Uninsured/Underinsured
Motorist Coverage. When the negligent
third party has no insurance he is uninsured and most
likely incapable of paying for his negligence. When he
has insurance coverage but it is not enough to pay the
full value of your claim he is underinsured. Either way
your recourse is with uninsured or underinsured
coverage. This is usually in your automobile insurance
policy. In this situation you have all of the
above issues except you are also dealing with your
company on compensation for case value.
To deal with
insurance issues you need a lawyer who regularly
practices in the field of injury. Pat Trudell is a
personal injury lawyer with a staff trained in
dealing with insurance companies in matters such as
payment of medical bills and interacting with your
insurance companies in your best interest. Pat Trudell
and staff handle all your insurance issues, obtain
fair value for your claim, and determine what if any
subrogation rights exist. You are free to concentrate
on injury recovery. |