General Question

chelle21689's avatar

Are you supposed to sue the insurance company?

Asked by chelle21689 (6831points) December 4th, 2011

A couple months ago I got into a car accident with my boyfriend. It was his fault and I ended up having to go to the hospital. His insurance covered me up to $5,000. The bill is crazy though, already the cat scan was almost $3,000 and the bill is over $4,000 so far.

His insurance is pissing me off because they haven’t taken care of the bill after I called many times. Anyways, a couple months later I’m still having pain in my shoulder and back. I don’t have health insurance and I don’t think my bf’s insurance will be enough to cover medical expenses for treatment because it’s already almost $5,000.

I haven’t received any treatment. Many people told me that the insurance company has to take care of my medical expenses and that if they don’t I have to sue them. I’m worried about my boyfriend having to pay higher insurance though, I’m worried about it affecting him. Is it wrong if he pays more insurance due to covering my medical expenses? Should it be something I have to pay for my own??

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40 Answers

chelle21689's avatar

By the way, he was the driver and I was the passenger. I don’t know if that information is relevant.

whitetigress's avatar

You need to tell your boyfriend to call them harass them, get all your numbers down, give your boyfriend your bill numbers and everything medical related, let him handle it. Keep very good tracks of the dates.

zenvelo's avatar

Your boyfriends increase in insurance is based on his having an accident, not on the cost of the accident. I forget what state you are in but in California your insurance has to cover at least $25,000 per person.

Do you have your own health insurance? If you do, have them cover your bill and coordinate coverage with the car insurance company.

I hope you don’t have to get a lawyer, but if you do they will go after the insurance company for costs plus lawyers fees. Make sure you understand what you will recover ifyou go all teh way to a suit against them.

chelle21689's avatar

ohio. I don’t have health insurance.

lillycoyote's avatar

I depends on the state but I believe, in many states, you actually can’t sue the insurance company, you would, unfortunately, have to sue your boyfriend, he is the one who would be liable. You should check the laws in Ohio regarding this.

faye's avatar

Why should you pay to suffer? This might be something that could affect you 20 years later if you don’t have proper treatment now, and this boyfriend might not be your boyfriend in a week. Besides, it really is the insurance company you’re suing. I don’t think anyone has ever said they pay up on time. There should be someone you could call in a legal office for free info.

Tachys's avatar

I would advise you get an actual copy of your boyfriends insurance policy. A policy is a contract. You can check with a legal resource, but if the insurance company is only contractually liable for up to a $5,000 maximum, I believe anything above that amount would have to come from the person at fault.

bkcunningham's avatar

Talk to an attorney.

laureth's avatar

Insurance companies are notorious for finding cheesy reasons to decline payment. You may have to.

Seaofclouds's avatar

From what I could find online, Ohio’s minimum requirement is $12,500 for bodily injury per person per accident. That means your BF’s insurance should cover that amount for your medical treatment. Sometimes, insurance companies will try to get out of that though. If you are still having bills that haven’t been paid, you should contact a lawyer. If the insurance company won’t pay for some reason or does pay the $12,500 but you still have bills left over, your boyfriend would be the one responsible since he was the one at fault in the accident. A lawyer would be able to handle this for you. Just telling your boyfriend’s insurance that you are planning to get a lawyer may be enough to get them moving on paying your claims though, so you might want to call them first to see what’s going on and then let them know that you will be getting a lawyer (only say that if you are serious though). Good luck.

marinelife's avatar

You need to get a lawyer to act for you. He should be in contact with your BF’s insurance carrier not you.

He may not have to file suit to get them to cover your claims.

Do not worry about your bf’s insurance, worry about taking care of your health.

JLeslie's avatar

Have your boyfriend call his insurance company and find out why. The insurance company might be arguing with the hospital about their outrageous fee for a CAT scan. Did the doctor/hospital ask you if the injury was due to an accident? Is his insurance one of the biggies like State Farm? The well known large insurance companies usually come through with paying as long as there is no question in the insurers mind about the claim.

creative1's avatar

See a lawyer, I had to sue my own insurance company to get them to cover everything that happened to me in my accident and it wasn’t my fault but the person who hit me didn’t have insurance and I had uninsured driver coverage on my policy but I still had to sue them in order to get them to pay. Unfortunately they design the system this way, I don’t personally believe in suing anyone but I was getting frustrated.

chelle21689's avatar

Yes, it is State Farm I called them today and they said the hospital bills have been taken care of.

I can’t afford treatment because I’m still a college student and have a low paying job. My bf is doing pretty well though but I feel terrible if this affects his insurance. I feel like I am betraying and using him if he ends up paying for my expenses. But at the same time I feel like since I am in pain my health is important I shouldn’t be responsible to pay. How do I tell my bf this?

marinelife's avatar

I would not tell your boyfriend anything about it.

He was driving the car. It was his fault (otherwise the other driver’s insurance company would pay.).

chelle21689's avatar

I know it’s easier said than done but if you were in my shoes and it was someone you care about wouldn’t you feel guilty about it?

If I suing the insurance company, how would my bf find out and how much could this affect him?

JLeslie's avatar

@marinelife How can she not tell her boyfriend? That makes no sense to me.

@chelle21689 Is it true, have the bills been taken care of, and the hospital just is doing the typical the right hand does not know what the left is doing? You received a bill, because it was sent out before they received their payment?

Are you thinking of suing for more money?

chelle21689's avatar

I’m not suing for more money, why would you think that? I just don’t think I should pay for medical treatments because I can’t afford it. I just want to be covered for my medical expenses…the pain I’m feeling is not just me wanting to sue for more money. I don’t even care if it’s cash being given to me, I just want the bills to be covered. I’m feeling a bit offended that you’d even ask me that =\

JLeslie's avatar

@chelle21689 Please don’t be offended, I was not assuming that, I was just confused. You said the hospital bills were paid, but then continued to say you still have pain. I’m just confused. :) I thought maybe you need more medical bills paid than the insurance is allowing?

chelle21689's avatar

I have no idea how much chiropractic treatments are, but I heard they are expensive. Do you think $1,200 is enough to go to several treatments??

bkcunningham's avatar

His insurance will most likely go up anyway, @chelle21689, since there was an accident causing injury and I assume another vehicle was involved which needed repair. Take care of your health and be thankful he had insurance. You pay premiums and take out a policy to protect yourself from accidents just like this. Get all of the care you need. I’d see an attorney anyway.

chelle21689's avatar

Jleslie, the hospital bills I’m talking about are the ones the day of the accident when I was transported to the hospital, x-rayed, cat scanned, and all of that. They said they didn’t find anything and I could leave. But two months later I’m feeling pain. lol

JLeslie's avatar

If you are fine with what the the insurance company is willing to pay, and you are indeed in pain, I would use the money allowed to help you heal. I don’t see any reason not to tell your boyfriend, doesn’t he want you to mend up and be 100%? I’m sure he does.

chelle21689's avatar

Bkcunningham, no other cars have been involved, just us.

The day of the accident he said he’d pay but I don’t know if he thought about how much it would cost for my treatments afterward. He still feels very sad and guiltly thinking about that day.

marinelife's avatar

@JLeslie She does not have to discuss the particulars of her financial situation with her boyfriend or of her settlement with the insurance company.

JLeslie's avatar

Two months later? That’s a lot later. So is the insurance company saying they won’t cover treatment because they don’t feel it is related?

bkcunningham's avatar

That is why he has insurance, @chelle21689. Did he get repairs on his vehicle or get a traffic citation because of the accident?

JLeslie's avatar

@marinelife It’s his insurance, and they are in a relationship. I disagree with you, but I am fine agreeing to disagree. It’s not so much I think she is obligated to tell him, but I cannot imagine for myself being in a committed relationship and not letting my boyfriend know.

marinelife's avatar

@chelle21689 Your suing his insurance company (if that is what your attorney recommends) will not have any effect on your boyfriend’s insurance policy. This is what insurance does.

If his insurance goes up it will be because he was at fault in an accident nothing to do with you.

JLeslie's avatar

@marinelife It doesn’t sound like @chelle21689 wants to sue.

JLeslie's avatar

@chelle21689 Wait, do mean you have been feeling pain for two months, or just started having pain two months later?

chelle21689's avatar

His car is totaled, he has to get a new car.

I have always felt pain but I always told myself “It’ll be better” and two months later it hasn’t gotten any better.

I don’t want to be in more debt if I pay for this treatment. I guess if I have to I’d do what it takes for insurance to pay but I’d probably talk to my bf first about what I’m going to do.

chelle21689's avatar

I just wanted advice to see if what I’ll be doing is wrong if my bf ends up having to pay. But I guess with a big majority of answers everyone says I shouldn’t feel bad about having my health being taken care of.

No cars were involved, he was just driving too fast around a corner :(

JLeslie's avatar

@chelle21689 Yes, take care of you health. I encourage you to go to the doctor to get a brace and also get a script for work that you cannot lift more than 10 pounds, if it is part of your job to lift things. I had a back injury, nothing on xrays or MRI, which means it is likely muscular. I did some physical therapy, but what finally helped me ge all better was I moved in with my MIL and she did everything for me for three months. Laundry, cooking, everything. I also did some exercises recommended to me, didn’t wear heals for months and months. Additionally, I learned how to get out of bed, and the car, and from a sitting position in general, and to never lift anything by bending over from the waist, but always bending my knees. Lifting items close to the body also. You need to leaen and work on protecting your back and strengthening your core muscles if you don’t already know how to do it. If you want more specifics let me know. The whole injury took about 9 months to completely clear up for me, it sucked. But, I never had a problem again, thank goodness.

I never went to a chiropractor, so I can’t answer any questions about that.

I think @bkcunningham and others are probably right, the “damage” is already done to his insurance for the accident. Just one accident shouldn’t be too much of a big deal regarding his insurance.

chelle21689's avatar

Thank you everyone. I guess it’s bad for me to work out. I try to avoid anything where I feel pain. I’m hoping the $1,200 will be enough.

Neizvestnaya's avatar

It’s likely your bf’s insurance company is dragging their feet because they know you alone are the claimant with no insurance company of your own to file claims and follow up. Don’t feel badly about your bf’s insurance being raised, you are damaged from his idiot driving style that day. He should have never taken the risk to show off/sport with you in the car. He was responsible for your safety and he was really negligent.

Personally, I’d never forgive a man who put me in that sort of situation much less stay with him but that’s your bag. Sorry you got hurt.

bkcunningham's avatar

Please, @chelle21689, go talk to an attorney. You can find a good attorney who will talk to you for free and not expect to get paid unless you get paid. Take my advise and don’t be silly. Get yourself to an attorney and to a doctor.

blueiiznh's avatar

You are entitled up to the coverage on the policy.
After that, you have to sue the person responsible for the accident for anything else.
Seek out an attorney that is not an ambulance chaser.

chelle21689's avatar

That’s crazy to sue my bf though, that sounds so wrong. lol

bkcunningham's avatar

He pays money for insurance in case he is in an accident and sued.

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