uninsured motorist insurance claim question

Factual Questions
1

I was sitting at a red light at a four way intersection when I was hit head on by another car that lost control while making a right hand turn. The driver was sited and uninsured. I was taken by ambulance to the emergency room, had x-rays, have been seen by my family doctor and have been receiving physical therapy for my neck and back injuries. I had $5,000 medical payments coverage which I have exhausted so my uninsured motorist coverage should take over, but my insurance company informs me they will not pay any medical bills until I settle with them. I am still receiving physical therapy and have not been released by my doctor. My insurance company told my physical therapy business to bill my private health insurance. They also told me that when I do settle they do not guarantee that they will pay my medical bills, that they will have to see my doctor and physical therapy records and decide if they feel that my injuries are do to the accident. Also I have been asked by the claim adjuster if I ever had similar injuries, did other injuries take this long for me to get better, etc. The accident was six months ago. Any advice?

2

Everything in your post sounds fairly typical for this type of insurance claim. You may wish to talk to a local personal injury attorney for additional guidance.

3

You have two basic options:

  1. Talk to the department of your state government which regulates the insurance business in your state. In some states (California leaps to mind), they aggressively pursue insurance companies that give the runaround.

  2. Talk to an attorney. Please note, however, that the typical personal injury attorney probably won’t take your case, since your recovery from the tortfeasor (the uninsured motorist) likely would be negligible. When it comes to suing insurance companies for failing to live up to their obligations, the success rate varies from state to state: California at one time provided punitive damages as an option when the insurance company breached their implied covenant to treat you fairly. So, depending on what state you live in, your ability to sue them and recover payments may be limited.

These are not mutually exclusive options. :slight_smile: