Should this pedestrian, after being hit by a car, allow the insurance adjuster to speak directly to the hospital?

Question Detail: I was hit by a car while crossing the street. The hospital has sent the medical bills to the driver's insurance and the adjusters are calling me to find out about how bad I'm injured.

Quick Answer: No.

Answer: I can't answer your question without knowing more, but most of the time the answer is no. Let me explain. First is the insurance company wanting permission to speak with your doctors or just obtain medical bills and records? There is a difference. Do you know what it is? The one they just get paper records, the other they are talking to your doctors and poisoning the well. What are we talking about here? 

Who has agreed to pay what? Are they willing to pay the medical bills or just wanting to control the medical decisions? Additionally I’d have to know which insurance policies were in effect at the time you were struck in this pedestrian-car accident. Do we know the position of the at-fault driver's insurance company; are they admitting liability? Are they accepting the claim? I doubt it, but even after 30 years I can be pleasantly surprised.

How about your auto insurance? Are they going to pay under the medical pay provision? Do you have the potential for an underinsured motorist claim? Oh my, lots of questions.

Is there a primary insurance company? Do you have health insurance through an ERISA Plan and do you have med pay through an auto policy? I also want to know whether you have health insurance, auto insurance and which company is willing to pay the medical bills. In other words, which insurance company is primary? The health insurer may be considered the primary insurance and the auto insurance can provide medical pay coverage to take care of paying any deductible or co-insurance.

Will they argue you, the pedestrian was partially at fault? Then I need more information to better understand the facts of how the accident occurred. If the driver of the car is clearly at fault his insurance company may provide coverage, although I have serious reservations about that being the case and I’ll believe it when I see it. As you can see something as simple as getting the medical bills paid following a pedestrian accident is a complicated endeavor and not one easily undertaken. Yeah like one of my friends said the other day, it must the lawyer's fault. Don't blame the lawyers because this is government intervention and insurance policy mumbo-jumbo, and not the personal injury lawyer. We'd rather it be simplier, but we aren't there when you buy your insurance. 

Bottom Line: To conclude, I'm not about to answer this question blind; because without further information what I tell you could be wrong and/or your interpretation of how to use the information could easily be misinterpreted or misunderstood.

You need to hire a personal injury lawyer to assist you with what could be a very serious and valuable claim. Best of luck if with your claim.

Steve Lombardi
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Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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