AM I GETTING THE FULL VALUE OF WHAT MY INJURY CLAIM IS WORTH?
January 23rd, 2018
By Omid Rejali, Esq.
If you have been involved in a car accident, bicycle accident, truck accident or have been injured as a result of someone else's careless behavior, the law allows you to be compensated for all of your past and future medical care, all of your past and future loss of earning and for pain and suffering.
In my practice I see it everyday where the insurance companies do not want to pay for the entire loss that my clients have suffered.
To answer the question of whether or not you are receiving the full value of your injury claim we need to look at several factors. First, the insurance company for the party who caused your loss is responsible to pay all of your past medical expenses. These past medical expenses are not and should not be limited only to what your copay is, but the actual amount that your insurance company paid for your visit. For example, if you went to the doctor and your copay was $15 dollars, and your doctor billed the insurance and received another $150, you would be entitled to the full $165 dollars. The reason for this is that, even though you do have insurance, when a third party causes your loss they are going to be responsible for all of the payments, not just your out of pocket costs. Often times, I have heard when insurance companies try to contact our clients immediately after the collision to try and get them early on and settle their claim for pennies on the dollar.
So, for starters you want to make sure they are paying for everything that you have incurred. The same goes for your lost wages.
In addition, to your past medical bills, the responsible party would also be responsible for all future medical costs that are reasonably certain to be needed and that are also related to the accident. For example, if your orthopedic doctor is recommending that you may need to get surgery on a herniated disk that you developed as a result of the accident that you were involved in, the insurance company is responsible to pay for all of that as well.
Almost all insurance companies do not want to pay for future medical care, and most of them even will dispute the medical treatment and care that you have received so far.
You should never attempt to negotiate with insurance companies on your own. They are ruthless and all they care about is money.
If you have been injured contact us for your free case evaluation. I will personally vouch that we will get you the full value for your injury claim, even if it means taking them to trial.