How can I get my insurance to cover my medical bills? 26 Answers as of February 20, 2012

I had a car accident I felt like someone hit me but they say there was no one. I was taken to the ER. Now my insurance won't cover more of the medical expense or for the time am off from work. Am having to pay everything out of pocket and I had many injuries in my head, hand and back. Am taking a lot of medication. I also have a trauma to driving and brain trauma. I would like to know if there is any legal action I can take to get my insurance to pay me for all of this.

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Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
When you say insurance, do you mean auto insurance or health insurance? Because this was a one car accident, the only coverage in an auto policy that would pay any of your medical bills or lost wages would be Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage, up to the limits of your policy. Other than that, your auto insurance would not cover you as you are basically making a claim against yourself since there were no other cars involved. You cant sue yourself. Your health insurance may deny coverage if they believe a third party, another driver, caused the accident, thinking you should make your claim against the other partys auto insurance. You would only need to let them know there is no third party coverage available and they should pay your medical bills, but not your lost wages.
Answer Applies to: Texas
Replied: 7/22/2011
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
You have $10,000 in pip insurance. Unless someone else was negligent and caused your accident, you have no other recourse
Answer Applies to: Florida
Replied: 7/22/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
This will depend entirely on what is in your insurance policy contract. If they are supposed to pay for these things and they have refused, you can definitely sue them for vexatious refusal to pay. However, if I were handling your case I would start by getting a copy of the police report and the medical records. There may be something in there to suggest that another driver hit you. If so, and that driver is unknown, your uninsured coverage should kick in. Insurance companies have been getting sued a lot lately on these grounds.
Answer Applies to: Missouri
Replied: 7/22/2011
Everett Walton, Attorney at Law
Everett Walton, Attorney at Law | Everett Walton
If you are insured under a policy of insurance issued in Hawaii, your insurer is obligated to pay up to $10,000.00 of your medical expenses, and if you purchased wage loss benefits, then the company must pay up to the amounts you specified.
Answer Applies to: Hawaii
Replied: 7/21/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
Well, your health insurance should pay for treatment. If you are saying your car insurance will not pay, you must prove there was another driver involved for uninsured motorist coverage to apply. I am not sure I have enough facts to comment extensively on this.
Answer Applies to: Alabama
Replied: 7/21/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you have any proof at all that an accident took place (i.e., did you report it to the police, did you report it to your auto insurance company) then your PIP should pay 80% of the medical bills for any treatment you have received for injuries sustained in the accident and 60% of any wage loss if your treating doctor tells you that you should stay off from work to recuperate. If your insurance company is not willing to do this if the accident had been timely reported to the police and to your insurance company, and if an attorney has to sue the insurance company to get your bills paid, then under S. 627.428, F.S., the insurance company has to pay your lawyer a reasonable attorney fee if your attorney wins.
    Answer Applies to: Florida
    Replied: 7/21/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    For all of what? You say you "felt" someone hit you. They either did or did not. If they did and they were at fault their liability will take care of you. If you have medical payments coverage or first party insurance like health insurance you should be covered. I don't understand your problem nor the uncertainty about whether someone did in fact hit you.
    Answer Applies to: North Carolina
    Replied: 7/21/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should consult with and/or retain an attorney who handles insurance matters or a personal injury attorney. Also, you should first thoroughly review the terms of your insurance policy to determine the extent of coverage you have.
    Answer Applies to: Indiana
    Replied: 7/21/2011
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    We need to develop the facts in more detail. It is difficult to advise you without knowing what it was that happened to make you feel like someone hit you, and who said there was no one. "No impact" accidents do happen. But, not surprisingly, insurance companies are hard to convince without clear unequivocal evidence.
    Answer Applies to: New Hampshire
    Replied: 7/21/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    If it is your auto insurance that you want to pay the bills, you generally have to be able to prove that there was an auto accident. In your question, you suggest that there may have no accident, but that seems a bit confusing given that you said you were taken to the hospital. You should talk to a personal injury lawyer in your area. Most will give you a free consultation. A more detailed review of the facts of your situation would allow him or her to tell you if there is a claim you can pursue.
    Answer Applies to: Florida
    Replied: 2/20/2012
    David Hoines Law
    David Hoines Law | David Hoines
    you need a lawyer to pursue a PIP claim for youi
    Answer Applies to: Florida
    Replied: 7/21/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Your PIP insurance should cover 80% of your medical bills and 60% of your lost wages.PIP insurance is required under Florida law.
    Answer Applies to: Florida
    Replied: 7/21/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    If you were involved in an accident and the other driver did not stop or remain at the scene your uninsured motorist coverage should reimburse you for your medical bills the same that an at fault driver's coverage would reimburse had the other driver stayed at the scene. You should file an uninsured motorist claim with your company (assuming you carry that coverage). However, that will not take care of your medical bills until you settle your claim with your company. In the interim, you should file a PIP (personal injury protection) application with your insurance company. All policies in Oregon are required to include a minimum of $15k of PIP coverage. This no fault coverage will cover all of your reasonable and necessary treatment related to the accident for one year or up to the policy limit (at least $15k) whichever occurs first.
    Answer Applies to: Oregon
    Replied: 7/21/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It seems to me that you ought to know if you were involved in a collision with another motor vehicle. How did you get hurt? If the other car struck you and then left the scene then you should still be entitled to No Fault benefits for medical expenses and some lost wages. You can also possibly make a claim under your Supplemental Underinsured/Uninsured Endorsement on your policy. Speak to a lawyer about that right away.
    Answer Applies to: New York
    Replied: 7/21/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Yes, file suit to pay under your personal injury protection coverage; you'll get your attorney's fees paid if you are successful, and your bills.
    Answer Applies to: Florida
    Replied: 7/21/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    it depends on the extent of your coverage and whether this is an uninsured motorist claim
    Answer Applies to: Connecticut
    Replied: 7/21/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Philip C. Alexander
    To answer your question, you would need to provide additional facts regarding your car accident. For example, an attorney would need to know whether there was any physical property damage to your vehicle. As there are time limitations on personal injury claims, you should immediately consult with an attorney to discuss your rights/options.
    Answer Applies to: California
    Replied: 7/21/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Sounds like your 'med pay' insurance ran out. You need to find and hire a personal injury lawyer who can handle this for you. Most work on a contingent fee (a percentage of the recovery they get - so no money up front from you). This is likely not something you can get anywhere on by yourself.
    Answer Applies to: Colorado
    Replied: 7/21/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 7/21/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You should apply for Personal Injury Protection (PIP) benefits under your auto insurance. In Oregon, there is a mandatory minimum of $15,000 of medical expense coverage and up to 52 weeks of lost income. You should consult with an attorney right away.
    Answer Applies to: Oregon
    Replied: 7/21/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    Can you prove that another vehicle hit your vehicle? If you can, you may have a case against your insurance company for uninsured or underinsured motorists coverage. However, you'll have to prove that there was another vehicle involved, with evidence other than your own testimony. If you have the necessary evidence I'd be happy to help you
    Answer Applies to: Utah
    Replied: 7/21/2011
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