Should I file a claim for my medical expenses under my health insurance coverage?

Yes. You pay premiums for health insurance coverage and are entitled to submit any medical expenses that you incur to your health insurance carrier for payment. There are some instances when payments made by your health insurance carrier must be reimbursed from any monies you receive from a settlement. Why file then you ask? Most health care providers have a contractual agreement with the health insurance carrier. Often the amount paid is substantially less than the amount actually billed by the health care provider. You are not responsible for the difference between the amount billed and the amount paid by insurance. This means that should you be required to reimburse the health insurance carrier, the amount you owe will be far less than the original amount of the charge.

Do I still have to make my co-payments for my doctor visits?

Yes. If you have a co-payment under your health insurance policy you must pay it. This is necessary in order for your benefits to be paid by your health insurance carrier.

Will I get reimbursed for my co-payments?

Sometimes. If you have medical payments coverage, you may make a claim for payment and will be reimbursed. However, if you do not have medical payments coverage, you do not get reimbursed at the time of the payment of the co-payment. All medical expenses are considered when settling your case. By making payments to any providers, whether co-payments or otherwise, you reduce the amount of outstanding medical bills you have to pay in full from any settlement of your case.

What is medical payments coverage? When can I use it?

Medical payments coverage is an optional coverage you may elect on your own personal automobile policy. The purpose of this coverage is to pay for medical expenses up to a predefined limit when an injury occurs as a result of an accident while in, on or about your car. This coverage is not only afforded to you should you be injured while in your motor vehicle, but provides coverage to any passenger who may also be injured in your vehicle.

What happens if the person who caused the accident does not have automobile insurance?

As long as you have automobile insurance which covered you or your car when the accident happened, you can make a claim under the uninsured motorists provision of your own automobile policy. You pay uninsured motorists premiums for this very reason and are entitled to make a claim.

Will it help my case that the person who caused the accident was found guilty in traffic court?

Maybe (a lawyer's answer). The fact that the defendant was found guilty in traffic court is not admissible during the trial of your personal injury case, unless the defendant pleaded guilty. However, the fact that the defendant was found guilty by some trier-of-fact may be some indication to his insurance company of the strength of your claim. This could be a factor which could lead the insurance company to make a more reasonable settlement offer. This is a more important factor if the defendant has pleaded guilty, because the defendant's guilty plea is admissible at trial.

Will I have to go to court?

It is important that you be willing to go to court. When it comes right down to it, the ability to take a case to court and trial is your lawyer's only real ammunition. If the defendant or his insurance company knew that you were not willing to go to court, they would never settle your case. Therefore, your willingness to go to court is very important to your lawyer in helping him bring about a reasonable settlement of your case. Most cases ultimately do settle, although some do not, and some do not settle until the last moment.