What is the name of your state? Ca.
Hi my name is Malissa and I was involved in an auto accident that I was rear-ended while in my third trimester of pregnancy at 32 weeks. An hour after the accident I went to the emergency department where I was admitted to the hospital for monitoring my child due to fetal distress and premature labor contractions. I was discharged from the hospital the next day. I had went to the hospital two more times in relation to the premature labor contractions. Prior to the accident, I had no contractions or labor pains and I was to deliver my daughter on time. I had ended up delivering my daughter in my 35th week of pregnancy which made my daughter 5 weeks premature. The medical bills during this period of time totaled up to be 18,300.00 dollars. The auto insurance company had verbally stated in a recorded conversation, that they would pay me 20,000.00 for my pain and suffering and cover any medical bills that occurred during this period of time. They later in a "release of claim" stated that they would not pay my medical bills and that they don't pay medical bills. I do have medical insurance that initially covered my medical expenses. They only paid a percentage of the medical bills. My question is; Is the auto insurance company obligated to pay the medical bill total or the percentage that the medical insurance paid?
In response to my daughter; they insurance companies have offered my 5K for her settlement, which I haven't agreed upon. I am not sure what to do about that yet, but since her claim is seperate from my own, I am not really dealing with her claim just yet.
To go further in-depth to my case. There are two auto insurance companies involved. The first one that belongs to the owner of the vehicle that struck me which was Allstate insurance. Their policy limits state that she only has 15/30K. The driver of the Allstate vehicle was AAA insured. The AAA insured driver's claim adjuster is not stating what her limits are. Basically the way it is getting split is 15K from Allstate and 5K from AAA. So in actuality, because both insurance companies are now involved the amount has gone up because there are two policy limits now in play. I feel as though I am on the right path on my own because:
1. I have obtained all medical records from all days seen in the hospital which has implied that I was fine prior to the accident and post the accident, had premature labor contractions
2. I have also obtained a written letter from my OBGYN that reaffirms the above and that there is no other likely indication for my premature delivery.
3. I have conversed with both AAA and Allstate through written letter's of the above requesting that if my accident was as "minor" as they state and that "they can prove it" that they release to me "discovery" of what information that they do have on me, since I have released all medical records to them.(Do they have to give me "discovery" since I requested it?)
4. Like I said before, In a telephone conversation that was recorded by their own telephone system, they stated (which I have witnesses, because I never enter into an insurance conversation without at least one) that I would have all my medical bills paid AND that they would give me 20K for my "pain and suffering".
5. Allstate insurance company had spoken with the "third party liability recovery" (i.e. my medical insurance's recovery) to find out what was paid/settled by the medical insurance company to the hospitals for my visits. They then stated in a phone conversation(again recorded by them) that they had never conversed with the "third party liability recovery".
I feel that the above mentioned gives weight to my claim, but again I am unsure. Basically, where I am at now is. I have to rebut what the "release of claim" states. So what I was thinking of doing is writing on that same contract that I will accept the terms that was verbalized by the insurance company, e.g. That they will pay me the 20K for my P & S and that they need to pay my medical bills that occurred prior to my delivery of my daughter that was in relation to the accident. So what should I do? Am I being reasonable in my claim? Since my medical bills totaled 18K, and since their are two auto insurance companies involved, is it right to request that they pay the 18K for my medical bills and the 20K which they offered for my P &S? Thank you again for any help you can give me...
Hi my name is Malissa and I was involved in an auto accident that I was rear-ended while in my third trimester of pregnancy at 32 weeks. An hour after the accident I went to the emergency department where I was admitted to the hospital for monitoring my child due to fetal distress and premature labor contractions. I was discharged from the hospital the next day. I had went to the hospital two more times in relation to the premature labor contractions. Prior to the accident, I had no contractions or labor pains and I was to deliver my daughter on time. I had ended up delivering my daughter in my 35th week of pregnancy which made my daughter 5 weeks premature. The medical bills during this period of time totaled up to be 18,300.00 dollars. The auto insurance company had verbally stated in a recorded conversation, that they would pay me 20,000.00 for my pain and suffering and cover any medical bills that occurred during this period of time. They later in a "release of claim" stated that they would not pay my medical bills and that they don't pay medical bills. I do have medical insurance that initially covered my medical expenses. They only paid a percentage of the medical bills. My question is; Is the auto insurance company obligated to pay the medical bill total or the percentage that the medical insurance paid?
In response to my daughter; they insurance companies have offered my 5K for her settlement, which I haven't agreed upon. I am not sure what to do about that yet, but since her claim is seperate from my own, I am not really dealing with her claim just yet.
To go further in-depth to my case. There are two auto insurance companies involved. The first one that belongs to the owner of the vehicle that struck me which was Allstate insurance. Their policy limits state that she only has 15/30K. The driver of the Allstate vehicle was AAA insured. The AAA insured driver's claim adjuster is not stating what her limits are. Basically the way it is getting split is 15K from Allstate and 5K from AAA. So in actuality, because both insurance companies are now involved the amount has gone up because there are two policy limits now in play. I feel as though I am on the right path on my own because:
1. I have obtained all medical records from all days seen in the hospital which has implied that I was fine prior to the accident and post the accident, had premature labor contractions
2. I have also obtained a written letter from my OBGYN that reaffirms the above and that there is no other likely indication for my premature delivery.
3. I have conversed with both AAA and Allstate through written letter's of the above requesting that if my accident was as "minor" as they state and that "they can prove it" that they release to me "discovery" of what information that they do have on me, since I have released all medical records to them.(Do they have to give me "discovery" since I requested it?)
4. Like I said before, In a telephone conversation that was recorded by their own telephone system, they stated (which I have witnesses, because I never enter into an insurance conversation without at least one) that I would have all my medical bills paid AND that they would give me 20K for my "pain and suffering".
5. Allstate insurance company had spoken with the "third party liability recovery" (i.e. my medical insurance's recovery) to find out what was paid/settled by the medical insurance company to the hospitals for my visits. They then stated in a phone conversation(again recorded by them) that they had never conversed with the "third party liability recovery".
I feel that the above mentioned gives weight to my claim, but again I am unsure. Basically, where I am at now is. I have to rebut what the "release of claim" states. So what I was thinking of doing is writing on that same contract that I will accept the terms that was verbalized by the insurance company, e.g. That they will pay me the 20K for my P & S and that they need to pay my medical bills that occurred prior to my delivery of my daughter that was in relation to the accident. So what should I do? Am I being reasonable in my claim? Since my medical bills totaled 18K, and since their are two auto insurance companies involved, is it right to request that they pay the 18K for my medical bills and the 20K which they offered for my P &S? Thank you again for any help you can give me...
