Auto Accident in California: Who Should I File a Bodily Injury Claim With?
My husband was involved in a car accident at the end of January, and he was not at fault. We currently have a bodily injury claim open with our insurance for medical payments, and our chiropractor is able to bill our insurer (USAA) directly. I believe our medical payments coverage is limited to $5,000. Should we also file a claim with the third-party insurance provider? We’re seeking reimbursement for pain and suffering as well as lost wages, as he was out of work for two weeks and received chiropractic care for about a month. Any advice or insights on how to navigate this process would be greatly appreciated, as we’re a bit lost on what to do next. Thank you!
I’m sorry to hear about your husband’s accident; that must be a challenging situation. Since your husband was not at fault, you can indeed open a bodily injury claim with the at-fault party’s insurance provider. Here are the steps you should consider taking:
Contact the At-Fault Party’s Insurance: Gather all the information about the accident and the at-fault driver, including their insurance details, and contact their insurance company to initiate the claim. Be sure to provide them with all necessary documentation related to the accident, including reports and any medical bills.
Document Everything: Keep detailed records of your husband’s medical treatments, any expenses incurred from the accident, lost wages due to his inability to work, and any impact the accident has had on his daily life, which can support your claim for pain and suffering.
Medical Payments Coverage: Since you already have a claim with your insurance for medical payments, ensure you understand the coverage limits. If the medical expenses exceed the $5,000, you might seek additional compensation through the at-fault party’s insurance.
Consult an Attorney: If you’re unsure about the process or if the claims become complicated, it may be beneficial to consult with a personal injury attorney. They can help navigate the claims process, especially regarding pain and suffering as well as ensuring that you receive adequate compensation for your husband’s losses.
Claim for Lost Wages: Make sure to document your husband’s time off work and provide any necessary proof to claim compensation for lost wages in the settlement discussions with the at-fault insurance company.
Be Patient: The claims process can often take time, so it’s essential to be patient and persistent in following up with the insurance companies.
Remember to keep copies of all correspondence related to the claims for your records. Good luck, and I hope your husband has a smooth recovery!