Girlfriend was in a Car accident, Lawyer question?
My gf was in a car accident few days ago .
The car bumper was hit by a guy who was driving without a license.
It wasn’t too bad. But the bumper must be replaced and the insurance company should pay for the medical bills .
My question is this. I have "never" been in such a situation before , there fore I have some questions… because she doesn’t seem to know what to do either . She made some mistakes. She already contacted a lawyer , which she thought was the right move.
But i don’t think it was needed because this just happened a few days ago ,Aren’t lawyers needed when things get out of hand or when – they refuse to pay?
In regards to payment.
2 questions –
1) How should I approach the other company (All State ) in regards to payment.
The car was insured under some other person. Isn’t the guy who drove the car while the accident occured still responsible to pay her? ( i am worried , if allstate is making her run around and finally say – oh, we are not responsible !, the guy who drove doesn’t have all states, SORRY! )Another thing – They were forcing her to go to their own shop to get an estimate for bumper repair, does she "have to"? She wants "honda" to fix it and therefore go there to get an estimate, which i think she did. How much of this does she have to comply with AllState.?
2)
In regards to medical bill , how does this work ? Isn’t the doctors bills, any medication , and physical therapy all covered by the other person? If so what if it’s an ongoing procedure like, a physical therapy session for 8 months . What is the procedure for this ? Should she just fax all the bills to All State or wait till everything’s over and then fax everything- Estimate ( for bumper) and Doctors bill to them?
p.s: The lawyer told her to go to that doctor, I know how cunning these lawyers are . I want this to be done without any lawyer present as smooth as it’s possible. I am just worried if she’s going to get into any kind of trap. Please help.
Your girlfriends car can be repaired at the shop of her choice. She is not required to get an estimate from Allstate’s shop. So…go to Honda and get an estimate. Then go to 1 or 2 other shops of her choice and get an estimate. Send copies of all 3 into Allstate.
Have your girlfriend tell Allstate that if they do not want to accept her estimates then they can send an appraiser out to look at her car. If they do this – Allstate will write their own estimate and pay per it. Then your girlfriend takes Allstate’s estimate to the shop of her choice and gives it to them. If the body shop has a problem with Allstate’s estimate then they will call the appraiser and the shop and the appraiser will work it out.
If Allstate says they will only accept an estimate from their shop (probably Sterling) – then file a complaint with your states insurance department.
As far as the medical goes…Allstate will not pay medical bills as they are incurred. Once your girlfriend has been released from the Dr and is feeling better – then Allstate will have her sign a medical authorization that lets them get copies of her medical bills/records.
Allstate will then order the bills/reports. Once that information comes in (and it could easily take 6-8 weeks or longer to get it all) Allstate will evaluate it and make an offer to settle the bodily injury claim.
The claim for the property damage and injury do NOT have to be settled at the same time. So there is no reason not to go ahead and get the car fixed. That way…that part is done with. Then address the injury claim once she’s feeling better.
If your girlfriend has questions – a great source of information is her insurance agent. She can also report the claim to her insurance company "for information only". That way – her company will assign an adjuster and if she has any questions she will have the name and number of an adjuster with her company that she can call and ask.
However, if she has hired the attorney – retained him – then neither Allstate nor her own company can talk with her with out the attorney’s permission.
In answer to your questions:
1. If the driver was operating the Allstate insured car with the owners permission, it will be covered. Allstate reserves the right to inspect the vehicle before they authorize repair. They were probably sending her to one of their drive in inspection stations that happened to be in a body shop that they rent space from.. Once they accept liability, she can have the car repaired at the shop of her choice.
2. Depending on the state you are in, your girlfriend may have to file a medical claim under her own insurance policy. If she notified Allstate that she was injured, there will be a bodily injury adjuster assigned to the claim who will inform your girlfriend if this is necessary. If Allstate is going to pay the medical bills they will tell her where to send them.
At this point, your girlfriend does not need an attorney. An attorney will only take 1/3 of whatever settlement she gets, and since this was a minor accident, she may not get much of a settlement.
References :
Your girlfriends car can be repaired at the shop of her choice. She is not required to get an estimate from Allstate’s shop. So…go to Honda and get an estimate. Then go to 1 or 2 other shops of her choice and get an estimate. Send copies of all 3 into Allstate.
Have your girlfriend tell Allstate that if they do not want to accept her estimates then they can send an appraiser out to look at her car. If they do this – Allstate will write their own estimate and pay per it. Then your girlfriend takes Allstate’s estimate to the shop of her choice and gives it to them. If the body shop has a problem with Allstate’s estimate then they will call the appraiser and the shop and the appraiser will work it out.
If Allstate says they will only accept an estimate from their shop (probably Sterling) – then file a complaint with your states insurance department.
As far as the medical goes…Allstate will not pay medical bills as they are incurred. Once your girlfriend has been released from the Dr and is feeling better – then Allstate will have her sign a medical authorization that lets them get copies of her medical bills/records.
Allstate will then order the bills/reports. Once that information comes in (and it could easily take 6-8 weeks or longer to get it all) Allstate will evaluate it and make an offer to settle the bodily injury claim.
The claim for the property damage and injury do NOT have to be settled at the same time. So there is no reason not to go ahead and get the car fixed. That way…that part is done with. Then address the injury claim once she’s feeling better.
If your girlfriend has questions – a great source of information is her insurance agent. She can also report the claim to her insurance company "for information only". That way – her company will assign an adjuster and if she has any questions she will have the name and number of an adjuster with her company that she can call and ask.
However, if she has hired the attorney – retained him – then neither Allstate nor her own company can talk with her with out the attorney’s permission.
References :
Insurance Adjuster 12 years