Should medical expenses be part of the settlement if my auto insurance will automatically be reimbursed by the opposing party's insurance?
Question Details: I was rear-ended and am suffering from whiplash and a possible multiple sclerosis relapse/exacerbation. My auto insurance is covering my medical bills and they said they'd be reimbursed by the other person's insurance.
The question isn't whether the expenses are part of the settlement, because they are. The question you need to ask -- and I understand your concern, and it's a very real one -- is what the amount of the expenses is, if that is included in the "number" that's given to you as the settlement offer. Ask questions until you get answers you understand, make sure that you understand exactly what you will be getting "in pocket" before signing anything.
On these facts, I think you absolutely should, and you should have no trouble getting someone to take the case on contingency (percentage of the recovery, you pay nothing up front). I would not be surprised if a lawyer can get enough, here, beyond what you could hope for on your own, to pay his or her own fee and then some. An attorney will know how to use your MS issue to very good advantage, because defense attorneys don't like going into court against plaintiffs like you, with built-in jury appeal.
It is clear that you need to consult with an attorney, as soon as possible. Remember that insurance companies are in the business of NOT paying money. Therefore, they will try to pay as little on your behalf as possible. If you have been injured in an accident, especially if a serious condition like MS has been exacerbated, you are entitled to payment for your pain and suffering -- IN ADDITION -- to reimbursement of your medical bills. You should set up a free consultation with a personal injury attorney - ASAP - these types of attorneys work on a contingency basis, so you have nothing to lose by setting up a consultation. However, should you continue to attempt to represent yourself, you risk forfeiting a substantial amount of money with respect to your potential claim. Good luck.