Car Accident

Dealing with the aftermath of a car accident is very stressful. Aside from having your car in the shop, missing work, and getting your insurance rates raised, you will feel pain and stiffness. Many times, the pain and stiffness is not severe enough to miss work or see a doctor, but it is chronic and limits your daily activities. Car accidents tend to produce injury despite how low the speed or minimal the impact, with whiplash being the most common injury.

The reason for is the impact that is caused when the automobile stops and the bodies inside continue to move. The technical term for this is cervical acceleration/deceleration (CAD) trauma or syndrome. This describes the injuries of the vertebrae and neck, and the muscles that support them. Many people choose to settle with the insurance company so they can get their car fixed quickly. Unfortunately, insurance settlements include all damages, including injuries.

That nagging stiffness in your neck is very on its way to be a full-blown injury. Your doctor will usually take a wait and see approach, and prescribe Motrin to help alleviate the inflammation. By the time the injury presents itself, you have no recourse with the insurance company.   

Seeing a chiropractor after a car accident will uncover and underlying injuries, that traditional medicine will miss. Chiropractors are trained in total wellness and not only in treating symptoms. A doctor of chiropractic medicine will utilize x rays to assess your spine and determine if you are in need of further treatment. Chiropractors are the expert in soft tissue injuries and developing specialized treatment plans to treat them.

Free Consultation !  Pain, Injury or Headache Consultation!  Have you been in a Car Accident? Had a Sports Injury?  Have Headaches?  Neck Pain? Back Pain?  Whiplash?  Many of these conditions are easily treated if properly assessed and evaluated.  Our Cooperative and Comprehensive treatment Environment will help you get rid of the pain and properly treat your injury.  Don't suffer with the pain, Get Evaluated & Treated Properly Now! 

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Your car insurance policy may include Medical Payments Coverage "MedPay" or "Personal Injury Protection", or just "PIP". This type of  coverage usually covers all  your medical or chiropractic bills, if you are in a car accident. It may be "no fault" coverage , so you can go to your chiropractor and have your bills paid even if there is a dispute about who was at fault.

It should even cover you if you are in someone else's car. MedPay coverage on your car insurance will cover many care that is not covered by your health insurance. But it is far more limited in amount. Usually, the amount that your insurance will pay is capped at a certain level you choose, with $1,000, $3,000, and $5,000+ limits being common.  Med Pay coverage is usually inexpensive to add to your policy. It is a very good idea to have MED Pay coverage just in caseyou ever get in an accident.

Remember, Kaiser or other health insurers are not good at providing care for "soft tissue" type injuries. We get many reports from people who go to Kaiser or their regular MD's who simply prescribe pills or bed rest for these very painful injuries. If you want to get better right away, if you want to end your pain, you will probably want to see a chiropractor or other professional who understands your pain and who is able to help you get over it quickly. Don't get controlled by your health insurance because their lack of coverage for your injuries may lead to future problems for you and not so much for them.

MedPay insurance greatly increases the chances that you will be fully compensated for your injuries. Car insurance companies do everything they can to try to avoid paying full value for your injury. Smaller impact "soft tissue" cases are increasingly difficult to get paid on. MedPay coverage increases your ultimate recovery, because it will cover some, or your entire chiropractic bill. Even if you have "reimbursable" MedPay, you will come out ahead in any settlement.

MedPay Coverage.
It should pay any bill that is reasonably related to reasonable and necessary care for injuries from car accident. It may even apply if you are a passenger in someone else's car.
Chiropractic or other alternative care bills, or health insurance deductibles and co-pays, or splints, crutches, bandages or any other medical appliances and drugs are often submitted and paid by MedPay. Because your coverage is so broad, you may be tempted to submit all your bills, but have a limited amount of coverage, you must use it wisely. We recommend that you use your MedPay coverage for things that are not paid by your health insurance, like chiropractic bills or other alternative care.
If you have health insurance, try to submit as many bills as possible to your health insurance. Your health insurance, even Kaiser, will almost always pay for your ambulance, and emergency care at another hospital. DO NOT USE YOUR MEDPAY FOR THE AMBULANCE! Ambulance companies always want to use your MedPay, because they get paid less from your health insurance. But you only have a limited amount of MedPay, and you need to save it for other things not covered by your health insurance. Use your health insurance whenever possible, and save your MedPay for things not covered by your health insurance. Use MedPay for your alternative care such as Chiropractic, and out of pocket expenses, such as co-pays and medications.

- Types of MedPay
The best coverage is called "Non-Reimbursable MedPay"; only a few companies offer such coverage automatically. For other carriers, you must specifically ask for "Non-reimbursable MedPay". This kind of coverage pays your medical bills after an auto accident, and you DO NOT have to pay it back to your insurance company if you get money from the at-fault driver's company. Unfortunately, unless you specifically ask for non-reimbursable MedPay when you buy it, it almost always is reimbursable. CSAA is the only company we know that always provides non-reimbursable MedPay.
Most Insurance companies want their money back if you get money from the other driver's company. Most people are quite surprised to hear this, because the reimbursement drastically lowers the amount they net from their settlement. Insurance companies say it is to make rates more affordable, but that is not the real reason. The real reason is that they want to discourage claims. When you try to use your MedPay, they may say, "Well, you'll just have to pay it back". They never inform you that you need to pay it back when they sell it to you. At that time, they focus on how much you need it.
You should almost always use your MedPay insurance because your doctor will get paid right away for your treatment, and you will get the best care this way. Also, your insurance company will help pay your attorney's fees when the amount is paid from your settlement. Having MedPay coverage increases your ultimate recovery, as shown below.

Consider a personal injury claim with medical bills amounting $4,500, a recovery of $9,000, and attorney's fees of one third, or $3,000. Without MedPay, your insurance pays none of the bills, so you pay $4,500 to the doctor, $3,000 to the attorney, and are left with $1,500.

With reimbursable MedPay, your insurance pays the doctor the full amount of $4,500, but we will be able to negotiate a discount of, at least, one third on the reimbursement to your company. So, your insurance gets $3,000, your attorney gets $3,000, and you get $3,000.

Best of all, if you have non-reimbursable MedPay, your insurance pays your doctor bill, and all you pay is $3,000 to your attorney. You get to keep $6,000.

Non-Reimbursable MedPay is clearly the best kind of medical coverage available on your car insurance. But like any other coverage, it will only help you if it was already in effect before the accident. It will not help to buy it afterwards; you must buy it in advance. Fortunately, MedPay coverage is not expensive. And the difference in cost between reimbursable and non-reimbursable MedPay is very small.

The worst kind of MedPay is the "Excess" type, which only pays if you can prove that you have no health insurance or other coverage to pay your bills. Your doctor must prove you have no other coverage every time he or she sends in a bill. It takes lots of time to send the bill to your health insurance, wait to have it rejected, and then send it to your company. There are always complications and delays. Excess MedPay is always reimbursable, and you should avoid this kind of MedPay if at all possible.

- How Much MedPay Should I Have?
If you do not have health insurance, you should buy the maximum amount available. Even if you have health insurance, think of the chiropractic care you will need if you have a "soft tissue" type injury. The law requires you to have at least $15,000 of liability coverage to protect others. Does it make sense to have less for you? If you have to go to the chiropractor because of a back or neck injury, you can expect a $3,000 to $5,000 bill. If you go to the hospital after the accident, your total bill could be much higher. I believe you should have at least $5,000 of MedPay coverage. I see people with more coverage, such as $10,000 quite frequently.

ABOUT THE AUTHOR: Jack Bloxham, Attorney
Mr. Bloxham has practiced personal injury law for 20 years in the East Bay Area, helping hundreds of people get the best results for their cases. Admitted to the California State Bar in 1986, and the Ninth District Federal Court, Mr. Bloxham is also an active member of the American Bar Association, American Trial Lawyers Association, Consumer Attorneys of California, and the Contra Costa Bar Association. Mr. Bloxham grew up in the Diablo Valley, and attended the University of California, Berkeley, and received his J.D. at John F. Kennedy University.

People are injured in car accidents every single day. Many of this car wrecks cause severe, debilitating, and permanent injuries. People who are injured in car wrecks due to the negligence of someone else have personal injury claims. Personal injury claims allow injured victims to recover money damages to help compensate them for their past and future medical expenses, lost wages, pain and suffering, and other economic loses.
In addition to recovering for past and future medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and other economic loses, some injured victims care even recover for punitive damages. Punitive damages arise when the negligent driver's conduct is more than just negligent, but conduct that shows a reckless disregard for human life. The most common examples of conduct which may create punitive damage exposure is driving while intoxicated (DUI drunk driving), racing, hit and run, or other similar behavior.
Spouses of personal injury claimants sometimes have a separate claim for loss of consortium. A loss of consortium claim is a claim which compensates the spouse of the injured victim for the loss of the physical relationship and companionship that the injuries cause. This claim does require that the spouse is married to the injured victim during the time the loss in companionship occurs.
Personal injury recoveries involve monetary settlements only. Even though money can never replace the health and quality of life of the personal injury victim, money settlements can help ease the financial burdens created by car accidents.

INSURANCE POLICY LIMITS AND STACKING POLICIES:  Sometimes there are liability insurance policies for the negligent driver's family members, employers, rental car companies, or umbrella policies which may cover the claim. Then our personal injury lawyers will find out what the policies limits are for each policy. Our personal injury attorneys will guide you through the process and make sure that all insurance policies which apply are utilized and stacked when needed and appropriate. Since Georgia only requires liability insurance policy limits of $25,000 per person / $50,000 per occurrence, it is not uncommon for personal injury claims to be worth more than these minimum coverage. Automobile policy limits vary because everyone can decide for themselves how much coverage they wish to purchase. Some choose the $25,000 / $50,000 minimum policy limits, while others higher policy limits. If you do not have a personal injury attorney, then it will be difficult to negotiate a fair settlement and to know how to properly stack the insurance policies that do apply.  In many instances your own uninsured motorist coverage (UM coverage) may also cover your personal injury claim. Uninsured motorist coverage (UM coverage) is not required by Georgia law, but is essential to have. An uninsured motorist policy covers you when you have a personal injury claim against is an uninsured negligent driver. It also can cover you if your claim is worth more than the liability policy but this is only when you have purchased more UM coverage than there is in liability coverage. This form of UM coverage is known as under-insured motorist coverage.

INSURANCE ADJUSTER STRATEGIES: Insurance adjusters are paid and trained to pay as little as possible on each personal injury claim. This means that insurance adjusters will always try to save their employers (the insurance companies) money at your expense. Personal injury victims often hope that the adjuster will "do the right thing". Unfortunately the right thing for the insurance company is exactly the opposite of the right thing for you.  Insurance adjusters are trained to investigate the car accident as quickly as possible. Adjuster's investigations usually include taking recorded statements from the drivers and witnesses, getting the police report, and photographing the property damage of the cars involved in the car wreck. The adjuster will try to complete their investigation to establish the extent of the injures within the first week of the accident.
Many insurance adjusters will try to settle the personal injury claims as quickly as possible. This often results in settlements that do not fully compensate for the future medical expenses and lost wages which often result. Quick settlements mean that your rights to your personal injury claim end. If your injury later worsens and requires extensive treatment or surgery, then the quick settlement may have been a huge bargain for the adjuster but a huge loss for you.
Adjusters often argue that you could not have been injured if you delay in seeking medical treatment, if you have gaps in your medical treatment, or if the property damage to your vehicle is less than a thousand dollars.

STATUTE OF LIMITATIONS FOR PERSONAL INJURY CLAIMS: There is a two year time period to file a personal injury lawsuit for most personal injury claims in Georgia. This two year time limit is called the Statute Of Limitations. Personal injury claims must be settled or a lawsuit filed prior to the Statute Of Limitations running or the claim is barred from any recovery.

SUBROGATION CLAIMS: Health insurance companies will often seek reimbursement from your personal injury claim for the medical bills they pay. Worker's compensation insurance companies will also often seek to be reimbursed from your personal injury settlement for medical expenses and lost wages they have paid. These claims are called subrogation claims.

VALUE OF PERSONAL INJURY CLAIMS: The value of any personal injury claim is based on what the jury would award if the case were tried. There are many factors which determine how much a personal injury claim is worth. These factors include the type of injury, the type of treatment required, the cost of the treatment, the amount of the lost wages, the location or venue where the case would be tried, and many, many other factors. If a personal injury claimant is not represented by a personal injury attorney, then they are at the mercy of the insurance adjuster. Without an attorney you do not know the value of your claim and cannot litigate if the adjuster does not offer you a fair settlement. Each case must be evaluated thoroughly to determine what a likely settlement value would be.

Med Pay

GA 33-9-40 Statutes and Session Law  Title 33. INSURANCE  Chapter 33-9 Regulation of Rates; Underwriting rules; Related Organizations
GA 33-9-40  Motor Vehicle Premium surcharges where insured not at fault.
No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person's involvement in a multivehicle accident when such person was not at fault in such accident.
                                                         
                                            
                                                             
Medical Payments coverage or MEDPAY is a barely known auto insurance provision.  In short, MedPay is no-fault insurance even when a state does not require no fault coverage.  This means that if you are injured in an automobile accident (regardless of who was at fault) and have elected to purchase this optional coverage in the state of Georgia, your insurance company will make payments to your medical providers up to the elected coverage amount.  Most insurance companies sell coverage amounts of $1000, $5000, $10,000, $25,000, and $50,000.
In many states, medical payment coverage is mandatory for the insurance company to provide within each policy.  Unfortunately, in Georgia, it is not required.  Therefore, insurance companies and agents do not routinely offer the coverage unless you ask for it!!  It is very affordable coverage, costing less than $10 a month for $10,000 of protection with most carriers.
There are a few reasons it is important to have this coverage added to your policy if you do not have it.  First, on the smaller accident claims, most insurance companies are using a formula that offers less than the amount of your medical bills.  Why is that important?  It would be an injustice for you to have to pay out of pocket for your medical expenses as a result of someone else's mistake.
Of course, you could have medical coverage through your work.  However, if you take a close look at your medical insurance policy, most have a provision that allows your insurance company to be reimbursed if you receive any payments from a third party as a result of an accident (ie: the other driver's insurance company pays a settlement.)
A second reason to carry MedPay is the flexibility of what is covered.  Many medical insurance policies do not cover chiropractic care.  Whether you are a believer or not, chiropractic treatment is more appropriate for auto accident victims than any other form of therapy.  A chiropractor that specializes in the treatment of auto accident victims will ensure that both the structural and and soft tissue components of the injury are addressed with proper therapy.
Call your insurance agent today, and ask how much it would cost to add this coverage to your policy.  For a few dollars a month, you have the security of knowing that your medical bills will be covered should you be involved in an accident!