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  1. #1
    Join Date
    May 2012
    Posts
    138

    Default How to See a Doctor and Have an At-Fauld Driver's Insurance Pay for It

    My question involves an injury that occurred in the state of: VA

    I have never been in an accident before that was not my fault so I am a little unsure what to do in this case. Accident was last Tuesday. Police was called and other driver was cited for running a stop sign and at fault for the accident. Both our cars got towed and mine is currently at the shop to get fixed. I am using my insurance because otherwise I would have to wait for the other insurance to finish their investigation.

    I started to have really bad back pain on Sunday evening and I was hoping it would just go away with some pain med and rest it did not and I am planning on going to the doctor today. I really dont want to pay for this out of pocket and would like to find out what I need to do to either get reimbursed for the cost or have the other persons insurance paid for it directly? Anything specific I need to request from the doctors office? I want to make sure I dont forget anything that might be important.

    I wanted to add, I have people tell me to get a lawyer, but is that really necessary since there is a police report saying the other person is at fault?

    Thank you,

  2. #2
    Join Date
    Jul 2018
    Posts
    1,736

    Default Re: What Steps Do I Need to Take to See a Doctor and Have the Other Insurance Pay for

    A police report is nothing more than a collection of witness statements and observations by the cop making the report. Unless the cop who made the report happened to witness the accident, then he or she doesn't know any better than I do who was at fault. As a result, a conclusion in a police report about who was at fault is legally meaningless, and police reports are generally inadmissible in legal proceedings. All that said, insurance companies sometimes rely on them.

    Should you hire an attorney? There are studies that suggest parties with attorneys achieve better recoveries than those without lawyers. I'm skeptical about the validity of such studies, however. Can't hurt at least to consult with one.

    As far as obtaining medical treatment goes, use your personal medical insurance, but let the doctor's office know that you're seeking treatment in connection with a car accident. You may have to pay co-pays out of pocket, but it's better than not getting needed treatment. The other driver's insurance isn't going to pay your medical expenses until it has completed its investigation any more than it will pay to fix your car. If the other driver's insurer concludes that its insured was at fault, the adjuster will let you know what is needed for reimbursement of what you've paid out of pocket.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,223

    Default Re: What Steps Do I Need to Take to See a Doctor and Have the Other Insurance Pay for

    Quote Quoting pg1067
    View Post
    The other driver's insurance isn't going to pay your medical expenses until it has completed its investigation any more than it will pay to fix your car.
    Slight correction. Once the other driver's insurance company accepts liability it isn't likely to settle your injury claim until you are fully recovered, can quantify your claim, and agree to a full and final settlement.

    In other words, it's not pay as you go.

    You get the treatment you need, you make sure you are fully recovered with no residual issues, or have reached maximum medical improvement. Then you figure out what your claim is worth to you and you ask for that amount and go from there.

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