Will the at-fault insurance company pay for my ambulance ride?
Yes. Rest assured that under Montana law, the at-fault driver’s insurance company must pay for any medical treatment reasonably related to the crash. An ambulance ride from the scene of the crash to the hospital is obviously reasonably related.
Will the at-fault insurance company pay for my medical treatment?
Yes. As long as the medical treatment is reasonably related to the injuries caused by the crash, the insurance company should pay for the medical bills. However, as treatment continues for your injuries, the insurance company will see the rising price tag and may begin to question whether your treatment is related or necessary. Some injuries last years and, in some cases, a lifetime. Sometimes the crash aggravates a condition you already had. In these situations, you will certainly need legal help.
What will my car insurance cover?
Depending on the type of insurance you have, your car insurance may cover some of your medical bills under medical payments coverage. Your insurance company should be able to tell you if this is available under your policy. Having insurance issues? Give us a call.
Should I submit bills to my health insurance?
In some situations, it is better to submit bills to your personal health insurance, while in other situations it is not. There are many factors to consider in this situation. Generally, your health insurer will want to seek reimbursement from the other driver’ from the car insurance (or your final settlement or jury verdict) for any payments made related to the crash. Sometimes they are entitled to do so, sometimes they are not. Dealing with insurance is complex, especially when it comes to Medicare and Medicaid and certain other private insurers. You will need an attorney to assist you in this case. Are you having troubles with the insurance company? Call a lawyer from Doubek, Pyfer & Storrar to discuss your matter.
Frequently asked questions about your damaged vehicle after an accident:
Below are a few Frequently Asked Questions regarding the property damage portion of a claim.
DO I NEED A RENTAL CAR?
The at-fault driver’s insurance company has an obligation under Montana law to provide you a rental vehicle that is comparable to your vehicle (of like kind and quality) from the time of loss until the time the damaged vehicle is repaired or replaced. Montana Code Annotated § 27-1-317.
My car doesn’t need immediate repair. Can I still drive my car?
Sometimes your car is still safe to drive after a crash. In this case, you can keep driving your car until the reapir shop schedules you for repairs. When your scheduled to drop your car off at the shop, call the insurance company and let them know you will need a rental during that time. Then, when your car is in the shop for two or three days (or more), you are entitled to a rental car during that time, paid for by the other driver’s insurance company.
My car is unsafe to drive, what do I do?
If your car is unsafe to drive, you are entitled to a rental car for the length of time that your car is in the shop being fixed or repaired. This rental car should be paid for by the at-fault driver’s insurance company. [Do you have another car to drive? If so, see the FAQ below: “I have another car to drive and don’t need a replacement.”]
My car is totaled, what do I do?
If your car is totaled, you are entitled to a rental car for length of time that it takes to replace your damaged vehicle, so long at that time is a reasonable period. [Do you have another car to drive? If so, see “I have another car to drive and don’t need a replacement.” Below.]
What does a reasonable length of time mean? This typically means the time that it takes for the insurance company to write you a check for the value of your totaled car. In this situation, the insurance company will likely send an adjuster to evaluate the damage of your car and then provide you with a copy of the estimate. If you have certain aftermarket add-ons on your car (i.e. fancy rims, a lift kit, tow hitch, etc.), be sure to look for these on the estimate provided to you. If they are not included, be sure to tell the adjuster that and ask for a new estimate based on those specialty parts.
Remember: You are entitled to the replacement value of your vehicle, not a new car. Your car loses value over time. The insurance company knows this. In some instances, the insurance company will low ball the evaluation of your vehicle and offer you a smaller settlement. Search craigslist or talk to local dealers about your car to find out if the price offered by the insurance company is reasonable.
Unfortunately, you will never be able to totally “replace” your car. Your car is unique to you and it is unlikely that you will find a perfect replacement vehicle. But be sure to get the best price you can, so you can find a good vehicle to replace your totaled one.
I still have a lien on my vehicle title. If you have a lien on the vehicle title, it will have to be paid off. Be sure to let your bank or lender know that your car was totaled and provide them with the name and contact information of the insurance company as well as the claim number. Ask your lender if there is a way to delay payment on the vehicle loan by 30-days until you get the property damage portion of the claim settled (this can help you avoid making a vehicle loan payment when you can’t use the car anymore). Be sure to tell the insurance adjuster that you have a lien on the title and the lender name and contact information so that the you can work together to resolve the lien. You will have to sign over the title to your vehicle to the insurance company and they will want the car free of this lien (encumbrance) on the title before they issue you a check for replacement.
After satisfaction of the title lien, how much is my total settlement check for my vehicle? Say, for example, that the insurance company offers you a reasonable settlement on your vehicle for $12,000, but you have a $4,000 lien on the vehicle. The insurance company will pay your lender $4,000 to satisfy the lien and you will receive a check for the remaining $8,000. That is your money to spend on a new or used car; it can be a down payment for another loan on a new car or you can try to find a replacement vehicle for around that price.
What if I have another car to drive and don’t need a rental car to drive?
If you have another car that you can drive while your car is being repaired or while you negotiate a settlement for your totaled vehicle, you can request to be reimbursed at the daily rental rate that the insurance company reimburses for a rental car of like kind. So, if you were driving a large truck and the insurance company reimburses the rental company at $50/day for a truck, you are entitled to a daily reimbursement of $50/day times the number of days without your vehicle. In some cases, it might take 30 days to fix your truck if repairs are substantial. If you drive another car you would be entitled to request payment of $1,500 in rental car reimbursement ($50/day x 30 days). This is to compensate you for your time without your vehicle.