Q: Can anyone answer my car insurance settlement question below please???
I am on SSDI & have medical insurance through the government. In July I was diagnosed w/ PTSD from an accident where a drink driver's car stopped less than 7 feet from our bedroom window (the room we were occupying that mornimg) going 60mph. Our vehicle was the only thing that stopped him from plowing into us. I'm currently & have been attending therapy & taking meds for this. The insurance co has offered me a settlement amount but it is quite low considering I have had to become my own self advocate and left researching everything I can on Insurance claims, adjusters, etc while dealing with the severe symptoms of PTSD related directly to the accident. I have government insurance and on SSDI. I am so confused about conditional payments, who pays what, etc. My question is this... Can I send a counter offer letter that totals all of my medical bills AS IF I DON'T HAVE medical insurance? It has become complicated due to possible restitution payments, made by the driver & other stuff. Thx.
A:
Yes, there's something called the collateral source rule that entitles you to the amount of the bills without regard to insurance. Link to pattern jury instruction below:
https://govt.westlaw.com/wciji/Document/I2c7e738ae10d11dab058a118868d70a9?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
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