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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 41221
Experience:  I provide basic personal injury advice to my clients in my own practice.
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Two questions, I was in an accident and the other party was

Customer Question

Two questions, I was in an accident and the other party was at fault. I was rear ended and he admitted that he had no brakes and bald tires. My medical bills totaled $20,000 for a neck and exist injury. I have pip coverage and I assumed that as my bills started coming end I would be reimbursed. My in insurance co. sent $5000 to the hospital as soon as they received the bill. I incurred some out of pocket expenses and I had to pay them. Why didn't my company send me the check to endorse and pay bills? I have not settled with the other company yet. They want to settle for property damage and will send me a check when I do. If I do sign this document will it effect my bodily injury claim. They have already made an offer but it is to low. Any suggestions? Thanks
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, have you considered retaining counsel or have you been trying to get this resolved on your own? I ask because personal injury claims such as this are typically handled on contingency and without risk to you. Please advise!
Customer: replied 1 year ago.
I have considered this option and I am still thinking about.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
Perhaps that is something you should do in this instance. Unlike a situation where you are at fault, you were struck by someone, and experienced substantial injury. Insurance companies as a rule ALWAYS undervalue charges and costs especially when someone is not represented by counsel. Their job is to lower their own losses on payout, so they will absolutely not care that they are low-balling you especially if you agree. This is why you need counsel, because without it they will refuse to deal with you fairly. Please understand that I generally do not advocate for counsel as about 90% of the time you can do the work yourself without attorney assistance. This is not one of those times. Furthermore, anything you sign now can be used as evidence that you 'settled' and they will no longer have to pay you out anything else, as you would release them from further liability. With your injuries signing something now is just not a good strategy.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Can u please answer my question on my personal injury protection situation? I am very confused of my rights . Thanks
Expert:  Dimitry K., Esq. replied 1 year ago.
My apologies but I am likewise confused as to your question. What specifically is your question again? I am reading it and unclear as to what you wish to know, thank you!
Customer: replied 1 year ago.
Even though the other party was at fault, when I sent my medical bills into my insurance they sent the money directly to the hospital. I had to pay one physical therapist $800 out of my pocket. Why should I be paying for pip if I don't get anything out of it. Thanks
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
The insurer covers costs, he does not have to pay you directly. As such for reimbursement the insurer can deal directly with your doctor or medical office and facility and likewise send them the funds. They have no legal duty or obligation to send you the funds. As far as paying for it, this is exactly why I suggested an attorney--when you are on your own, most insurers do not cover or presume 'pain and suffering', or full insurance costs, so they will try to under-value your case. If you want your full expenses covered you'd need to go through their insurance, or pursue the other party directly via the courts.
Sincerely,
Dimitry, Esq.

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