My insurance company is going to take care of me…I’ve been with them 30 years!!!

We hate to tell you but your insurance company doesn’t care. The insurance industry can put lawyers out of business any time they want to.  All they have to do is treat someone like you fairly. If they would just pay the tow bill, get you a rental, and cover the ER bills, you wouldn’t ever reach out to a law firm. However, all they care about is money. Not sure? How’s it going with getting your car fixed? Gotten the first round of ER bills yet?

If you’ve just been in a car accident with damage to your car due to a negligent driver, your first priority is treat any medical needs. After that, you’re probably wondering about getting your vehicle repaired or replaced as quickly as possible. If you happen to rely on your car every day, as most people do, then you may also wondering if you can get a rental car while yours is being repaired or until you find a replacement.

The answer is Yes! The adverse insurance(their’s) or your own insurance if you have that coverage should be getting you a rental car right away. This is part of the compensation settlement that the negligent driver’s insurance company owes you.

How do I get treatment if the other guys insurance won’t pay?

Does this sound like you? “My doctor says “they don’t do third party billing.” Like I even know what that means! All I know is they want a $300 payment when I show up this week!”

In Tennessee, believe it or not, your health insurance pays your bills from the wreck. Don’t worry – they get the money they paid for your bills back when you get your settlement. It’s called subrogation – more on this in other answers but we take care of all that as part of your case.

What’s a HIPAA release and why did the insurance company send me all these forms to sign?

Sorry, but it’s not to help you that’s for sure! A HIPAA release allows the insurance company to get ALL of your medical records. Notice how there is not a date range on it or if there is it is for dates substantially before the wreck? It gives the company full access to your history to go fishing for records?

Why you ask? Here is the basic logic of the insurance company as they look at your injuries:

•  You aren’t hurt.
•  If you are hurt, you were already hurt before this wreck.
•  If you are hurt, you did it to yourself by not following doctors orders or injured yourself after the wreck.

Sign a release and you give the insurance company the power to go back to your birth to find records that fit one of those 3 scenarios!! Your medical history is relevant but all the information the insurance company gets should come through your lawyer.

This accident report is way wrong!!!

Most of them have errors. It’s not because the officer was lax, it’s most likely because they are overworked and underpaid. Fortunately, what’s on the report doesn’t matter. All we hope they get correct is the date, location and name of the other driver and the info on their car. In fact, in Tennessee, that report is NOT admissible as evidence. Most times the offices was not there. He or she is not a witness and therefore the report is hearsay.

The Insurance company wants to settle early, then let me get treatment.

The insurance company is going to put $10,000 aside for any medical bills and pay me $2,500 now for the hassle. Then let me get my treatment…

Run! They want you to settle now for what you think your injuries are today. What happens when PT doesn’t work and an MRI shows you need neck surgery for $100,000? Bottom line – no one – including you or your lawyer – should try settle the case until you are done treating and released from doctor’s care. Only then will you know how this has affected your life.

I don’t have health insurance…I’m gonna settle now so I can get some cash for treatment.

Don’t!! Besides the above, there are ways to get treatment if you don’t have health insurance. Some doctors and most PT clinics will wait on the bill until your case settles if you and your lawyers promise to pay them when you get yours. There are also private companies that will step in and be your health insurance while the case is pending then get paid back once it’s over.

Should I accept their offer – it means I pocket some of the money?!

I’m done treating..they’re going to pay all my bills and give me $3,000!!

Your getting screwed! When they say they are going to pay your bills, what they mean is they are going to repay your health insurance company’s subrogation. Here’s where you get snookered:

Let’s say you have bills that BCBS has paid under your health insurance. BCBS doesn’t pay the entire amount of a bill. Check your EOB for something like the ER bill. The bill is $8,000…BCBS pays $1,800…the balance is “contractually adjusted”. That means it goes away. Under Tennessee law, you are entitled to be paid for the medical expenses you incur – the full bill($8k) – but you only have to pay back BCBS what they paid ($1.8k). You get to pocket the difference($6.2k!!). This is one of the only favorable things left in Tennessee law for injured folks. Let the car insurance company “pay your bills” and they just worked you out of over $6,000….This is called the Collateral Source rule and Tennessee recently had a huge fight in the courts to keep this law.

My agent has been my neighbor for 30 years…he’s going to go to bat for me.

The insurance companies are brilliant in how they set up their business. When they are selling you something, you get to talk to that nice fella who has always been there for you. But when it’s time to file a claim, now you get an 800 number and a 22 year old kid sitting in front of a computer in Tampa or Murfreesboro. The agent has no say in your claim. It’s all handled at corporate. The agent can honestly say “Sorry I wish I could help…My hands are tied”

Why am I getting the bills? I am not at fault!!

Exactly, right? Unfortunately in Tennessee, we are an old system called a liability based system. That means the other person’s insurance, and even your own company, doesn’t owe you a dime until you’re done with treatment and a doctor raises her hand and gives an opinion that she treated you for was from the car wreck. Until then, the car insurance folks are not paying anything.