Is there something I can do legally? Can I get an attorney after 45 days if the matter is still not resolved? 31 Answers as of April 19, 2013

I was recently involved in an accident with myself, fiancé, and our two daughters (10 month old and 2 years old). I still have the headaches and still seeing the doctor. My 10 month old had a knot on the side of her head. My 2 year old bruise her arm and my fiancé hurt his leg. They are refusing to pay me my MedPay on my policy. Is there anything I can do legally? It’s been 30 days since the accident happened. I gave them until April 22, which is 45 days to get this resolved. After then I will seek an attorney. Can I do this?

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Durham Jones & Pinegar | Erven Nelson
Absolutely.
Answer Applies to: Nevada
Replied: 4/19/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You can get an attorney at any time within the statue of limitations.
Answer Applies to: California
Replied: 4/17/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a lawyer. Don't get an ulcer.
Answer Applies to: Michigan
Replied: 4/17/2013
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Of course. Plus, under section 627.428, Florida Statutes, the insurance company would have to pay your attorneys' fees if you prevail.
Answer Applies to: Florida
Replied: 4/16/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
Yes.
Answer Applies to: South Carolina
Replied: 4/16/2013
    Robert Butwinick | Robert Butwinick
    Sounds like you need an attorney to address both the pending medical bills and to ultimately address the bodily injury claims against the at-fault party's insurer.
    Answer Applies to: Minnesota
    Replied: 4/16/2013
    Mike Lewis Attorneys | Mike Lewis
    Yes, you should contact an attorney.
    Answer Applies to: North Carolina
    Replied: 4/16/2013
    Lydy & Moan | C. Gary Wilson
    In Ohio, you have up to two years to pursue a personal injury auto accident.
    Answer Applies to: Ohio
    Replied: 4/16/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Not clear what you are talking about. You caused the accident and the others were injured? If so your med pay ought to cover their bills. your liability ought to cover them as well. 45 days means nothing. you have 3 years to bring an action based on negligence.
    Answer Applies to: North Carolina
    Replied: 4/16/2013
    S. Joseph Schramm | Joseph Schramm
    You will be able speak with and retain counsel after 45 days. The statute of limitations for filing a personal injury suit in Pennsylvania is generally two years, so you have some time. However, I would not wait much longer than you have indicated that you would before speaking with counsel.
    Answer Applies to: Pennsylvania
    Replied: 4/16/2013
    Law Offices of Alexander E. Gilburg
    Law Offices of Alexander E. Gilburg | Alexander E. Gilburg
    You definitely can and absolutely should get an attorney to protect your rights and recover the maximum compensation available in your particular case. Even after paying the attorney, you will still be financially ahead.
    Answer Applies to: California
    Replied: 4/16/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    You are not obligated to wait 30/45 days to seek an attorney. If the accident was the fault of someone else, you can file a claim against that driver. Your med pay provision should pay immediately after you send in your medical expense bills. They will not send you a check for the full amount of your med pay limits just because you were in an accident.
    Answer Applies to: California
    Replied: 4/16/2013
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Do you have Med Pay on your policy? If so they should be paying for the bills up to the value of the Med Pay. You should find out from them WHY they are not paying because I have not known this to be problem. Did you supply them a copy of the police report? You could report them to the State Insurance Department.
    Answer Applies to: Connecticut
    Replied: 4/16/2013
    John Russo | John Russo
    You should have retained counsel right away, also your facts as to the accident are almost 0.
    Answer Applies to: Rhode Island
    Replied: 4/16/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes, contact a personal injury attorney.
    Answer Applies to: Nevada
    Replied: 4/16/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    Who is they? Your auto insurer? You have Med Pay? in Washington? Really? Did you waive Personal Injury Protection (PIP) in writing with your auto insurer? Either way, Med Pay or PIP is no fault coverage, so the insurer should be paying the bills caused by the MVA. It sometimes takes a while to process the application, and you must give the insurer a medical release so they can get the records which go along with the bills. You can contact the state Insurance Commissioner, too, if you wish. Some personal injury lawyers are willing to help with Med Pay / PIP issues if you are interested in signing up with the lawyer on the bodily injury claim. Keep in the mind that the liability insurer / the insurer for the at-fault driver is only going to write one check to each injured person, and that is at the end of the claim evaluation and negotiation process. At that time, then, subrogation issues with your insurer on Med Pay / PIP payments made must be resolved from the liability money.
    Answer Applies to: Washington
    Replied: 4/16/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have a right to engage in attorney to deal with your insurance company to assure yourself that you are being fully paid for the coverage's you purchased.
    Answer Applies to: Michigan
    Replied: 4/16/2013
    Mark G. Patricoski, P.C. | Mark G. Patricoski
    Yes to all questions. They have a tendency to jerk around until you are well represented.
    Answer Applies to: Illinois
    Replied: 4/16/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    Of course you can hire an attorney and you should do so ASAP! You have two years from the date of the accident to file a lawsuit against the responsible party. Your attorney should also be able to get your insurance company to pay you your benefits to which you are entitled under your policy, including med pay.
    Answer Applies to: California
    Replied: 4/16/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    You can get an attorney at any time. You have two years post accident to file an action to protect the statute of limitations, however, would suggest you get an attorney sooner than later. Before making a demand you should consult counsel just to ensure you are demanding the correct amount.
    Answer Applies to: California
    Replied: 4/16/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, there is something you can do legally. Get a lawyer. I know of no legal prohibition of getting one nor any time prohibitions. However, I'm not sure your damages are large enough to practically warrant the need for a lawyer, though. It sounds like the kind of case you should be able to handle yourself. On the other hand, I see no reason for your insurance company to deny med pay coverage. The reason I say that is med pay will pay for your medical bills up to the limits of coverage, regardless of fault. The coverage is low and usually around $5,000. Because of that, I usually get my clients to put their medical bills on their regular medical insurance and use their med pay coverage for co-pays and deductibles. If you decide you need a lawyer, seek one familiar with accident law.
    Answer Applies to: Alabama
    Replied: 4/16/2013
    The Law Offices of Ajay Kwatra | Ajay Kwatra
    I hope everyone is okay. You need to not shortchange your health. I would rather you did not wait to talk to someone! They are probably not going to deal with you like an attorney, unless you are one.
    Answer Applies to: California
    Replied: 4/16/2013
    Henry Lebensbaum | Henry Lebensbaum
    You can hire an attorney at anytime
    Answer Applies to: Massachusetts
    Replied: 4/16/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Were you at fault in the accident? If you were not at fault, please feel free to give my office a call if you are in Georgia. In cases when an attorney is not involved, insurance companies do not treat you fair.
    Answer Applies to: Georgia
    Replied: 4/16/2013
    Burkhalter, Rayson & Associates, P.C.
    Burkhalter, Rayson & Associates, P.C. | David A. Burkhalter, II
    You ask whether you can get an attorney and the answer is of course you can. It is not clear from your question as to whether the wreck was caused by someone else or not. If it is a liability situation where there is an "at fault" driver and you are being jerked around then your best bet may be to retain a lawyer now on a "contingency fee" basis-meaning no recovery/no fee. It certainly wouldn't hurt to consult with a lawyer whether or not you retain them. However, you use the term "MedPay" and that would suggest your current issue is with your insurance company reimbursing for medical bills you and others incurred while in your vehicle. If you are having difficulty with your own insurance company, prior to retaining a lawyer, you may want to contact your insurance agent and ask them to intervene and see what is going on and what the holdup is and to see if they can help you. If they don't want to help you, next time your insurance comes up for renewal you should probably get a new agent.
    Answer Applies to: Tennessee
    Replied: 4/16/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes and you will be better off allowing and Attorney to handle these matters.
    Answer Applies to: Virginia
    Replied: 4/16/2013
    Gates' Law, PLLC | Thomas E. Gates
    You need to retain an attorney to assist you.
    Answer Applies to: Washington
    Replied: 4/16/2013
    Nash & Franciskato Law Firm
    Nash & Franciskato Law Firm | Brian Franciskato
    YEs. You can sue the insurance company for breach of contract and vexatious refusal to pay pursuant to MIssouri statute.
    Answer Applies to: Missouri
    Replied: 4/16/2013
    Danville Law Group | Scott Jordan
    Yes, you can hire an attorney at any time. Are you just seeking your med pay policy? Who was at fault for the accident?
    Answer Applies to: California
    Replied: 4/16/2013
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