Legal Question in Personal Injury in Virginia
Auto accident claim
My husband, daughter and i were in an accident april14th. I am continueing medical treatment, physical therapy for neck pain and right hand weakness. I was scheduled for a neurologist and mri but have to postpone it because i am currently pregnant. After the accident i suffered a miscarriage which i feel is from the pain and anxiety of the accident. My dr. Feels i have a ruptured disc but did not document this in the record because the mri has not been done yet.
My husband was diagnosed with sciatica and he is not being treated for physical therapy at this time.
During our medical treatment, my medical insurance (trigon blue cross blue shield) has paid for my medical bills. Is state farm supposed to reimburse me for the total charge or do they reimburse trigon. State farm is saying that they are supposed to reimburse trigon and i do not get the money. Please help because i feel that i pay for the insurance each month out of my pocket and why should state farm benefit from my coverage??
Also, can i get more as a result of being pregnant and miscarrying and now being pregnant again and having to suffer with this pain while i am pregnant? How can i prove this?
2 Answers from Attorneys
Re: Auto accident claim
The first issue is whether State Farm is supposed to repay you or Trigon. Unless your hospitalization plan is an ERISA plan,or this accident is involved in a workers compensation claim, Trigon is not entitled to anything from State Farm. I am assuming that State Farm is the automobile liability insurance carrier for tha person who caused this accident.
Look at your own automobile liability policy in effect at the time of the accident and see if you have any medical payments coverage. If so you can collect from it for all your medical expenses as a result of the accident (up to the applicable limits).
Your focus with State Farm needs to be addressing more than reimbursement of your medical expenses. You are entitled to be reimbursed for any lost wages and any pain and suffering you have experienced.
Finally, you ask about the pregnancy issues. If you lost a child as a cosequence of the accident, and you have medical testimoy to support it you maybe able to collect for such a loss. Increased pain and suffeing due to a new post accident pregnancy is probably not going to be compensible as I presume this pregnancy occurred while you were already suffering from the pain.
Re: Auto accident claim
We would be pleased to talk with you about your rights and obligations concerning your accident.
There is no cost or obligation to you for this conference. Please contact Gerald J. Kirkpatrick, of Kirkpatrick and Davidson, Personal Injury Lawyers, 703-491-2040, E-Mail
[email protected]. 309 Mill St., Box 680, Occoquan, VA 22125
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