Legal Question in Personal Injury in Washington

Re: After my auto medical limit exhausted?

The other party is ultimately responsible for all your damages--including medical bills--but does not have the same obligation that your own "first-party" carrier has. Feel free to contact me to discuss.

Ryan

206.398.1188 Ext. 104

Re: After my auto medical limit exhausted?

Ryan Nute is right. The City isn't obligated to pay for your medical expenses until you settle your personal injury claim against it. (And it's probably too early to do that if you're still treating.)

In terms of paying for your continuing care, you have a couple of options. First, you can submit the bills to your health insurer. Second, you can treat on a "lien basis" where you promise to pay your doctor out of your personal injury claim settlement. Third, you can pay out of pocket.

Since you have over $10,000 in medical expenses it probably makes sense to retain counsel at this point.

Don't forget that in addition to med pay benefits your PIP coverage also pays up to $10,000 in lost wages and $5,000 in essential services.

Re: After my auto medical limit exhausted?

Your $10,000 policy limit refers to your first-party coverage, also called Personal Injury Protection or PIP. The rights and responsibilities of your PIP carrier differ compared with those for the insurance company of the at-fault person. Since the at-fault person was working for the city, you have a claim against a self-insured entity.

There are certain peculiar filing requirements when pursuing a claim against a governmental agency. A claim for must be filed. No lawsuit may be commenced until 60 days has elapsed. The failure to properly file a claim form may result in dismissal of a claim.

Since you are still receiving treatment at this point, you should try to learn more about your rights and how governmental claims are handled. You can go to www.WashingtonAccidentBook.com to request a copy of my book which explains the legal and claims processes for accident victims. I offer the book free to Washington state citizens as a public service.

I am certainly willing to speak with you further about your claim. There is no obligation of course. I can answer more of your questions or concerns, and steer you in the right direction if you wish to handle the claim on your own and without the assistance of an attorney. I wish you well.

Re: After my auto medical limit exhausted?

Ryan Nute is right. The City isn't obligated to pay for your medical expenses until you settle your personal injury claim against it. (And it's probably too early to do that if you're still treating.)

In terms of paying for your continuing care, you have a couple of options. First, you can submit the bills to your health insurer. Second, you can treat on a "lien basis" where you promise to pay your doctor out of your personal injury claim settlement. Third, you can pay out of pocket.

Since you have over $10,000 in medical expenses it probably makes sense to retain counsel at this point.

Don't forget that in addition to med pay benefits your PIP coverage also pays up to $10,000 in lost wages and $5,000 in essential services.