Posted by rozeklawoffice on January 28, 2010 under General, Insurance, Questions and Answers | 
Question: I was injured in an auto accident and I have been receiving bills from my health insurer for coinsurance due. I also have medical payment coverage with my auto accident carrier. Should I be paying these bills?
Answer: You want to make sure these bills get paid so they don’t negatively effect your credit. There are two ways to go about this:
- You submit them to your attorney and they submit them to your insurance company for payment under your medical payment coverage; or
- You can pay them directly and then provide your attorney with proof of payment (the coinsurance due and a copy of the posted check or bank card / credit card receipt), which your attorney then submits to the insurance company under your medical payment coverage and you are issued a reimbursement check from the insurance agent.
Option 2 is generally preferred because with that option you are not at the mercy of the insurance company med pay adjuster for payment. For example, if the insurance claims dept. is backed up, it could be weeks before the payment is issued, and in the meantime your bill could be sent to collections.
Obviously, many injured individuals do not have the luxury of having enough money on hand following an accident to pay their medical bills or coinsurance so they opt for Option 1.
More information on Wisconsin Auto Accidents.
Posted by rozeklawoffice on January 25, 2010 under General, Insurance, Questions and Answers |
Question: I’m confused about the different types of coverage listed on my Wisconsin automobile insurance policy. What exactly is BI, UM, UIM, and MedPay coverage?
Answer: BI stands for ‘bodily injury.’ This type of coverage will pay claims for injury you negligently cause to another as a result of the use of your vehicle. UM stands for ‘uninsured motorist’ coverage, which is required for all liability policies. This provides coverage for you if someone without insurance causes injury to you. UIM is ‘under-insured motorist’ coverage if you are injured by a negligent driver who does not have enough liability insurance to fully compensate you for your injuries, then you may make a claim with your own insurance carrier to have your UIM coverage. When you make a UM or UIM clam, your insurance carrier “stands in the shoes” of the negligent driver and is permitted to assert all defenses that this driver may have had against you (e.g. comparative fault, excessive medical treatment, etc.). ‘MP’ or “MedPay” coverage is Medical Payment Coverage which provides you with a certain amount of coverage to pay medical bills due to the accident.
For more information on Wisconsin auto accident frequently asked questions, order your free copy of the Consumer’s Guide to Auto Accidents in Wisconsin.
Posted by rozeklawoffice on January 12, 2010 under General, Personal Injury Cases, Questions and Answers |
Question: Recently I was shopping in a major chain retail store and I slipped on a puddle of water. Once I regained my composure I noticed that there was a mop and bucket near by on the same aisle. There was not any “caution, floor is wet” sign. I did not sustain any real injuries accept some bruises but I could have been really hurt. I consulted with a personal injury attorney friend and he told me I did not have a valid claim. Can you advise?
Answer: Injury victims only get compensated for actual injuries that can be proven. I cannot tell you how many times I have had clients, or potential clients, say “But I could have really been hurt” or “I could have been killed.” I always explain that injury victims are compensated for their actual damages, not their hypothetical damages. They get damages for what DID happen, not for what COULD HAVE happened.
Posted by rozeklawoffice on December 21, 2009 under Insurance, Personal Injury Cases, Questions and Answers |
Question: I was involved in a car accident and have been injured. I am receiving medical treatment for my injuries. Can you help me determine who should be paying my medical bills as they are incurred?
Answer: The insurance company for the person who caused your injuries has no legal obligation to pay your medical bills as they are incurred. They would prefer to string you along and settle everything at one time at the end of the case. So do not hold out for the other person’s insurance to cover your immediate bill payments. Instead, do the following:
- If you were in the course of your employment at the time of your injury, then your bills should be submitted to your employer’s workers compensation carrier.
- If you were not on the job at the time of the injury but did have health insurance, then submit your bills to your own health insurance company. Your health insurance carrier will likely have contracts with the majority of medical providers in the area that allow them to pay the provider at a reduced rate. While your health insurance carrier will always claim a right to get paid back out of any settlement at the end of the case, you will at least benefit from the reduced rate for service. Payments by your health insurance also helps you to avoid collections and poor credit resulting from unpaid medical bills. (For more information see Pages 9-12 of my book).
- You should also call you car insurance company and ask if you have “Medical Payment Coverage.” If you do have Medical Payment Coverage then this should be used for any deductibles, prescriptions or out-of-pocket medical expenses that are not covered by your health insurance policy.
- If you had no insurance available to pay your medical bills as they are incurred, then it will be important for you to find a doctor that will treat you and await payment until your case is resolved. Some physicians will accept a “Letter of Protection” from your attorney indicating that the doctor will be paid out of any settlement proceeds.
For additional information on what you should do if you have been injured, order a free copy of the Consumer’s Guide Personal Injury Claims in Wisconsin.
