WhenIsettle my personal injury with the fault insurer canI add my lost wages if my own insurer has already paid me for that?
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WhenIsettle my personal injury with the fault insurer canI add my lost wages if my own insurer has already paid me for that?
2 months ago a truck crashed into me from behind while I was waiting at a red light. My own insurance has paid me for all my lost wages. I have seen alot of personal injury settlements samples on-line where the victim multiplies medical bills by 2-5 plus they add lost wages. But why? If lost wages were paid by their own insurance? Also, if my medical bills are $3,500, if I settle my case for $6,000, is this money going to my pocket or I do have to pay the $3,500 to my chiropractic from the 6000. My chiropractic got paid by my own insurance too.
Asked on October 3, 2011 under Personal Injury, Utah
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Since the at-fault party caused you to incur a wage loss, the at-fault party is still liable for the wage loss and it should be included in your claim even though your insurance has paid you for the wage loss.
As for your medical bill with the chiropractor, you want to confirm that the chiropractor has been paid and that your balance with the chiropractor is now zero. If that is the case, then the $6,000 would go to you assuming there aren't any other unpaid medical bills such as ambulance, x-ray other than the chiropractor, etc. If there are other unpaid medical bills, they would be paid out of the $6000 settlement and you would be left with the remaining balance of the settlement.
If you have completed your medical treatment and have been released by the doctor or have been declared to be permanent and stationary by the doctor which means no further improvement is anticipated, attempting to settle the case with the other driver's insurance company would be appropriate at this time. If you have not completed your medical treatment and been released by the doctor or declared to be permanent and stationary, settlement would be premature because you wouldn't have the total bills, total wage loss and the final medical reports. Once you settle the case, you won't be able to go back to the insurance company and ask for more money if you have future problems from the injury. If future treatment is anticipated, the estimated cost discounted to present value should be included in the amount of your settlement because again once the case is settled, you won't be able to ask the insurance company for more money in the future. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bills. If the case is settled with the insurance company, NO lawsuit is filed. If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the at-fault driver. If the case is NOT settled, you will need to file your lawsuit for negligence against the other driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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