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Analysis of Medical Coverage Solicitation after an Auto Accident in San Antonio

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Is it required by law to  apply for Medicare/Medicaid if You are in a car accident.  I was slammed from behind at a red light..  The insurance company of the man who hit me sent me an application.

My Husband and I were rear ended at a red light.  It was misting outside and the other driver couldn't stop.  He was going approximately 30 mph. We called the police they didn't come,  We exchanged information, took pictures , and called the ins. company.  We didn't go to the doctor.  Our injuries were not life threatening and nothing was broken. Given the pandemic we did not feel comfortable going to the hosp.  Two days later we were getting really stiff and sore. We went to the hosp. The doctor told us to go to pain management if it got worse.  It did.  We have been going to a chiropractor for 3 weeks.  I am in a lot of pain. I'm getting migraines along with other issues. I called the claim adjuster and asked her if she would pay for an MRI. The conversation turned a little sideways.  She emailed me a settlement offer. then  when I went to the mail box I received an application for Medicare/Medicaid along with other forms from the insurance company. 

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Legal Solution

The response provided below is specific to personal injury law attorneys in the jurisdiction of San Antonio. If the response is inadequate, please submit a detailed inquiry.

Analysis of Medical Coverage Solicitation after an Auto Accident in San Antonio

In the aftermath of an auto accident in San Antonio, insurance companies often look to mitigate their potential losses. From your description, the delivery of a Medicare/Medicaid application suggests the insurer may want you to use public health coverage rather than their own funds. However, no law mandates that you must apply for Medicare/Medicaid due to an accident.

Relevant Legal Provisions in San Antonio:

  1. Texas Civil Practice and Remedies Code - Governs personal injury claims.
  2. Texas Transportation Code - Addresses traffic and vehicle regulations.
  3. Texas Insurance Code - Dictates insurance practices and regulations.

For more comprehensive information on these codes, you might visit the State of Texas government website.

Potential Solutions to Your Issue:

First, consider documenting all medical issues related to the accident, including hospital and chiropractor visits. Retaining these records can strengthen your claim and provide a foundation for compensation demands.

Should the insurance company resist covering medical expenses, or if you feel their settlement offer is inadequate, consult with personal injury lawyers in your area. Experienced attorneys can help ensure that you're adequately compensated. For ease, you can compare lawyers in your area to identify someone suitable for your case.

Cost Consideration for Legal Services in San Antonio:

Legal Service Average Cost in San Antonio
Consultation with Personal Injury Attorney $150 - $500 per hour
Filing a Lawsuit $500 - $2,000 (fixed fee)
Mediation with Insurance Company $1,000 - $5,000 (fixed fee)
Representation at Trial $10,000 - $30,000 (or percentage of settlement)

Note: Prices vary depending on the complexity of the case and the lawyer's reputation and experience. It's always a good practice to discuss fees upfront and potentially negotiate.

Clarification and Call to Action:

To ensure the best guidance, can you specify if the Medicare/Medicaid application you received was accompanied by any written communication from the insurance company? For comprehensive advice tailored to your situation, it's crucial to find the right lawyer who can navigate the intricacies of auto accident claims in San Antonio.

Relevant Questions:

  • Have you already communicated any settlement figures or demands to the insurance company?
  • Were there any witnesses at the accident scene, and did they provide any statements?
  • Do you have comprehensive auto insurance coverage, including medical benefits?

Why did I receive a Medicare/Medicaid application after the accident?

The insurance company might be attempting to mitigate their costs by urging you to use public health coverage.

Can an insurance company dictate which medical services I choose?

No, but they can attempt to limit their financial responsibilities. Ensure you receive appropriate medical care, and consult with an attorney if insurance coverage becomes a contentious issue.

How are settlement amounts calculated?

Settlements often account for medical expenses, pain and suffering, lost wages, and potential future medical costs. The specifics of each case will influence the final amount.

Do I need an attorney if the insurance company has offered a settlement?

It's advisable to consult with a lawyer before accepting any offers. An experienced attorney can evaluate if the offer is fair based on your injuries and potential future medical needs.

How long do I have to file a claim after an auto accident in Texas?

Texas generally has a two-year statute of limitations for personal injury claims, starting from the date of the accident. It's essential to act promptly.

With the challenges surrounding your situation, make sure you have the best representation. Explore, compare, and find the right lawyer to advocate for your rights.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Analysis of Medical Coverage Solicitation after an Auto Accident in San Antonio" has been changed 8 months 4 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of San Antonio & area of law: personal injury law attorneys.
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A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Are you involved in a car accident, and second party is at fault? You will have to hire an attorney on a contingency basis. How much will a car accident lawyer cost you? Thus, personal injury lawyers tend to be especially knowledgeable and have more experience with regard to the area of law known as tort law, which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights. Source: https://en.wikipedia.org/wiki/Personal_injury_lawyer

Maritime disasters are handled by offshore injury lawyers. Do you need to find an attorney who will settle your case as quickly as possible? You should compare and hire the most experienced personal injury (offshore, maritime) lawyers in the United States. List of admiralty and maritime lawyers by state.

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