Car Accident Update: PIP Exhausted and At-Fault Party Lacks Bodily Injury Coverage
A few months ago, my dad was involved in a car accident here in Florida. The driver at fault ran a stop sign, leading to a collision that deployed the airbags and resulted in his car being declared a total loss. He was taken to the emergency room by ambulance, where he underwent a full evaluation, including CT scans. Thankfully, his injuries are minor—he has a sprained thumb and is experiencing neck and back pain. He has also attended physical therapy a few times.
On the insurance front, the at-fault driver is insured by State Farm and has informed us that they do not have bodily injury coverage. My dad’s insurance, Allstate, recently notified us that his PIP coverage has been exhausted due to the ER visit. This is our first serious accident, and we’re unfamiliar with the procedures involved. Unfortunately, we didn’t have uninsured motorist coverage and were not aware that our policy opted out of this option.
I reached out to Allstate to request a signed uninsured motorist rejection letter, but I’ve been met with delays. They said that I would need to contact an attorney to request the necessary policy forms from their claims department, but we haven’t hired a lawyer yet.
Additionally, we are facing outstanding bills from the ambulance, CT scan, and physical therapy visits that PIP did not cover. While my dad does have health insurance, I’m wondering what our next steps should be. Should I contact his health insurance to query whether they can cover any remaining expenses? Is it advisable to hire a lawyer in this situation? Any advice would be greatly appreciated.
I’m sorry to hear about your dad’s accident. It can be a complex and stressful situation, especially when dealing with insurance matters. Here’s some advice on how to navigate the next steps:
Health Insurance: Yes, you should definitely contact your dad’s health insurance. They may cover some of the medical bills if PIP has been exhausted. Be sure to provide them with all necessary documentation regarding the accident and the related medical treatments.
Uninsured Motorist Coverage: Since the at-fault driver does not have bodily injury coverage, it’s unfortunate that you opted out of uninsured motorist coverage. This coverage can help in situations like these, so it’s a good idea to review your insurance policy in the future to understand the coverage options better.
Contacting a Lawyer: Given the complexity of the situation, especially with PIP being exhausted and the at-fault party not having coverage, consulting with a personal injury attorney may be beneficial. They can help navigate the claims process, negotiate with insurance companies, and ensure that you understand all your rights and options. Many attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
Collecting Documentation: Start gathering all relevant documentation, including medical records, bills from the ER, ambulance, CT scans, and physical therapy, as well as any correspondence with both insurance companies. This information will be valuable if you decide to pursue legal action.
Insurance Company Communication: When dealing with All State, make sure to document all your communication with them. If you’re finding it difficult to get responses, consider sending them a formal written request for the uninsured motorist rejection letter and any other documents you need.
Future Medical Care: Keep a detailed record of any ongoing symptoms or treatment related to the accident. This can help your case if you pursue any claims related to future medical bills and pain.
Ultimately, getting professional legal advice can provide significant help in understanding your rights and the best steps to take moving forward. Good luck, and I hope your dad continues to recover.