Guest Post by Attorney Chris Moander May 8, 2008Posted by Attorney Jonathan Groth in FAQ Personal Injury.
Tags: Debt Collection, FDCPA, wisconsin personal injury
1 comment so far
I’ve asked Chris Moander to post a little something on my blog. I think you’ll find his comments about Debt Collection helpful. It ties into Personal Injury well. In Wisconsin, because the at-fault insurance company doesn’t pay damages (wage loss, medical expenses etc.) as they occur it is up to the victim to submit the bills to health insurance or rely on the kindness of friends and family or savings to get through the hard times.
If a car accident victim, for instance, didnt’ have the help of a personal injury attorney from the start of the case some bills may go into collection and ultimately lawsuits.
Enter the Debt Collectors and the Fair Debt Collection Practices Act (FDCPA).
Keep an eye out for Chris’ guest post.
Why doesn’t the Insurance Company for the person that caused the accident pay my bills as I incur them? April 2, 2008Posted by Attorney Jonathan Groth in FAQ Personal Injury.
Tags: car accident, Debt Collection, Debt Collector, dog bite, health insurance, injury settlement, insurance settlement, personal injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
1 comment so far
The short answer is that the insurance company doesn’t want to part with their money unless they have to. Let me try to explain:
When someone is involved in a car accident, slip and fall, dog bite or other personal injury matter there are a few questions that I am asked almost every time. Let’s assume I received a call from a client who was in an auto accident. The client tells me that they went to the hospital and the bills were submitted to the at-fault party’s insurance but weren’t paid. Why? It’s there fault. Why submit the bills to the at-fault party’s insurance if they won’t pay them right away? They are responsible, they said so at the scene of the collision.
Well, I agree with the idea behind all of these questions. Ideally, the at-fault party would pay the bills as they are incurred. The hospitals get their money right away and the victim’s credit doesn’t get ruined. However my experience has shown that insurance companies won’t pay until they have a guarantee that the victim won’t ask for more money later (they also don’t want to pay hoping you’ll go away and not want to deal with the hastle of the insurance company run-around).
So, when it is time to settle a personal injury claim, you need to make sure your attorney doesn’t leave any stone unturned. In Wisconsin, you have the right to compensation for past pain and suffering, medical expenses, mileage to the doctor, past lost wages along with future pain and suffering, future loss of earnings capacity and future medical expenses.
So, how do you keep the bill collectors at bay while you recover from your injury? Give me a call or email me and I’ll be happy to discuss this with you. The quick answer is make sure you have health insurance, auto insurance and contact a personal injury attorney.
Remember this, if you are hurt please go to a doctor. Get help. The most important thing is for you, the victim, to get better.