What to do if I’ve used up all my PIP and have medical bills in collections already?
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What to do if I’ve used up all my PIP and have medical bills in collections already?
I was rear-ended at a traffic light at 40 plus miles per hour. I suffered post concession syndrome and a severe cervical strain accompanied by daily headaches. I’m currently in physical, vision therapy and speech therapy for cognitive issues. I also see a chiropractor regularly and have not been able to work due to extreme dizziness and fatigue. I can no longer see to drive at night and suffer from irritability causing me to be moody without realizing it. The other driver has been determined to be at fault. However, my PIP is used up and the other insurance company won’t pay any medical bills until I settle with them. If I’m still in recovery, how do I know how much to ask for if I could still be in therapy next year or if there may be permanent damage? The accident was 5 months ago and it’s as though some days I feel like it just happened. I don’t want to short myself.
Asked on August 20, 2019 under Personal Injury, Oregon
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
When the case settles, you will receive compensation for the medical bills, compensation for pain and suffering, and compensation for wage loss.
Compensation for the medical bills is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports. There isn't any mathematical formula for determining compensation for pain and suffering. It depends on the facts of the case and the extent of injuries. Considering the severity of your injuries and the need for future treatment, I would ask for policy limits. Compensation for wage loss is straight reimbursement.
If the case is settled, no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the at-fault party.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.
Due to the lengthy process of settlement or litigation, it is not uncommon for bills to go to collection. The settlement should be sufficient to pay those bills.
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