I was involved in a car accident where I was hit by another car.  The
case has not been settled legally, however the other driver admitted
guilt at the setting of the accident.  I would rather not use an
attorney, and I am getting the run around from both insurance
companys.  My fiancee's insurance company, whose policy I'm on, is
telling me we opted not to have "med-pay."  Therefore, they will not
dispute the medical bills with the other party's insurance.  My
insurance is telling me I have to pay for the medical bills until my
treatment is finished and then the at fault insurance company will
settle, but I don't have that kind of money.  I have been diagnose
with whiplash and will need treatment for another 4-10 weeks.  What is
the best action to take to keep things as simple as possible, avoid
attorneys, and help keep my funds with me, not for my medical bills?

Good afternoon Slashdot-ga!
 As I may not be able to site any specific book or website for some of
this information, and I am not a lawyer, I can tell you I have worked
as a paralegal in the field of personal injury cases for over 5 years
and understand the processes needed by lawyers and for court cases.
 Please, take my advice and consult with a lawyers as soon as possible
regarding your accident. You will want to find a personal injury
attorney that will work on a contingent fee basis.
 
A contingent fee simply means that the lawyer is not paid unless a
recovery is made for you.
 
Source:
Blacks Law Dictionary, Bryan A. Garner, Editor in Chief
West Group, 2001
 
In addition, you will want a personal injury attorney who is willing
to advance all costs involved in the litigation with an understanding
that if a recovery is made, the attorney will be reimbursed for the
costs. If no recovery is made, you probably want an attorney who is
willing to write off those costs so that unsuccessful litigation will
cost you nothing. In any event, make certain that you understand all
matters involving fees and costs before you finalize your choice.
 
You should know that the statue of limitations for a personal injury
case in most states is two years. Which means, if you wish to file a
lawsuit against the driver of the other car and their insurance
company, you need to have filed the Petition with the district court
the injury happened in no later than 2 years from the date of
accident.
 
As far as insurance is concerned, Colorado used to be a ?PIP?
(Personal Injury Protection) state. PIP pays for a person?s injuries
sustained in an accident, regardless of who was at fault (hence the
term ?no-fault?). On July 1, 2003, Colorado converted from a no-fault
auto insurance system to a tort system. PIP is coverage provided by
the no-fault law that was repealed, and is no longer required.
 
Since PIP is no longer required in Colorado, most insurance companies
raised their premiums on two other coverages contained in their
policies: bodily injury (?BI?) liability and uninsured/underinsured
motorist (?UM/UIM?) coverage.
 
Under this new system, if you injure someone in an accident, his or
her medical bills likely will be paid by your BI liability coverage.
As with the old law, an injured motorist can sue you for the cost of
the medical treatment they get.
 
Source:  Changes in Colorado Automobile Laws
(http://4-injury.lawoffice.com/CM/FAQs/FAQs12.asp )
 
As far as medical bills are concerned, insurance companies HATE to pay
out claims. I negotiate with them all the time and I?m of the opinion
that they train their adjusters to be cranky! The fewer claims the
adjusters have to pay, the more money they make. They will usually
find someone whom they can collect from/be reimbursed for at least
part of the total amount they paid. This is called "subrogation.? For
example, you are injured in a car accident and the physicians who
treat you submit their bills to the health insurance plan you have
through work. That insurance company may have a right to recover at
least a portion of the money they paid on your behalf from any
settlement, or judgment you finally obtain from the driver who caused
the accident.
 
When you settle your case, you need to be aware of the potential for
this subrogation and you need an attorney who knows the proper timing
of when to and how to negotiate with the insurance administrators, or
medical providers' billing offices.
 
If you choose to take your case to a lawyer, here are some additional
things that are typically needed in a personal injury case:
 
1.  The names and addresses of every doctor you have seen regarding
this injury.  Additionally, any hospital records, emergency room
records, office notes, and reports, photographs of the wound and all
bills you have received in regards to this injury, paid or unpaid.
 
2.  The names and addresses of any witnesses and, if available, any
statements taken.
 
3.  The name of the opposing party (i.e., the driver of the other car)
 
4.  A copy of any accident/incident report.
 
5.  Copies of any photographs taken of the vehicle, if any were taken.
 
6.  If you have missed any work because of this injury, the dates you
missed (this includes doctors appointments).
 
7.  The rate of pay which you were making at the time of the accident
(if you were working).
 
8.  The name of your manager/supervisor at the time of this injury. 
 
9.  The name of your health insurance company and the name of your
adjuster, if you have one.
 
10.  MOST IMPORTANT, have a diary of events from the date of injury
until the present. State how it happened, when it happened and where.
State what you cannot due because of this injury (i.e., I cannot stand
for long periods of time, cannot run, etc.) and state what happens if
you try to do any of these activities. Be as specific as possible as
it will help when you come into the discovery phase of your case.
 
Many people who get monetary awards pay doctors and hospital bills,
repair damaged property, and replace loss of income, but you can also
be compensated for pain and suffering. Pain and suffering damages can
be awarded to individuals suffering from discomfort, disfigurement,
embarrassment, humiliation, or not being able to enjoy the simple
pleasures of life. However, unlike a hospital or auto repair bill,
none of these conditions has a specific dollar amount attached to it.
Nevertheless, individuals can and should be compensated.
 
I wish you luck and hope that you have a speedy recovery. If this
answer requires further explanation, please request clarification
before rating it, and I'll be happy to look into this further.
 
Nenna-GA
Google Answers Researcher
 
Google Search Term:  
://www.google.com/search?hl=en&lr=&q=colorado+auto+insurance+med+pay+PIP

Contact the other party's insurance company.  Tell them that their
insured has admitted fault and that you have current medical expenses.
 Demand that they begin payment immediately.  If they give you
excuses, inform them that you will be contacting your state's
insurance commissioner and contacting your state attorney.  If they
still do not agree to pay, then go ahead and contact those offices.

You were involved in an accident and will be spending thousands and
thousands of dollars on medical services, yet you do not want the
expense of a lawyer.  I am not a lawyer and can not give legal advice,
the only advice I can give is to get a lawyer.  You need to think
about things like futre treatement, pain and suffering etc.

Ok I can actually give you another piece of advice - don't sign
ANYTHING until you get a lawyer.  They have professionals who fully
understand the sytem who are responsible for minimizing their cost.

A completely hypothetical situation - they send you a check for the
first five weeks of treatement.  Buried in the paperwork it says that
this check is for full payment of your medical treatement for the
crash.   You don't notice the statement or maybe it is written in a
way that you don't understand it- but you have just legally agreed
that you have been fully reimbursed for all medical treatment and any
additional treatment will have to be paid for by you.

NUMBER ONE:  Call your state insurance commissioner and tell them
EXACTLY what your company told you about "MED PAY."  Medical Payments
(Med Pay) coverage has NOTHING to do with your medical bills in the
event of an accident.  Med Pay only comes into affect in a situation
like the following.  Let's say that you shut your own hand in your own
car door. This is something that is your fault, but you did sustain
some injury because of it.  Med Pay would pay in the event of
something like this happening.  Med Pay has NOTHING to do with your
being involved in an auto accident.

Now for the nitty gritty.  Do you have full coverage including
comp/collision on the car you were driving?  Is uninsured motorist
coverage included on your policy?  If you have liability only then you
are up a creek.  If the wreck was the other person's fault, then call
their insurance carrier and let them know that you're hurt.  If you
have uninsured motorist coverage, then your insurance company should
cover the bills that you incur, and then they SUBROGATE against the
other person's insurance.

Figure things out as best you can.  Call your insurance commissioner's
office and explain the situation.  You may need to contact an
attorney, and DO NOT be afraid to do so.

Having arrived at this page by accident, there is at least one comment
(and actually more than one) given to you which illustrates that
people who know nothing about a subject are often most willing and
ready to give worthless advice.   Therefore, although I have no
attorney-client relationship with you, I cannot help but correct this
misinformation you are receiving.  Contrary to the comments of one of
your commenters, for example, no amount of calling to the state will
ever get the opposing insurance company to start paying your bills as
they are accrued.  They have no legal obligation to do that.  Very
occasionally, an insurer will do that, in small bill cases, to try to
encourage a person with a tiny case not to get a lawyer.  They save a
great deal by giving a much smaller settlement in the end, if they can
convince the person not to get a lawyer.  Second, contrary to the last
commenter, Medpay has EVERYTHING to do with paying medical bills
arising out of an auto accident.  It is not just for slamming the door
on your hand, as he suggests.  If you have a medpay rider on your auto
insurance, it will act, essentially, as a mini-health insurance
policy, paying for all the doctors and other health care providers
until the coverage runs.  Your own carrier usually has the right to
subrogation or getting paid back out of the proceeds of your recovery.
 However, your recovery will be much higher if you have received the
proper and complete medical treatment and every injury is documented. 
Finally, keep in mind that a person who represents himself, has a fool
for a lawyer.  I would suggest that you contact a lawyer, sign up with
him and pay the 1/3 contingency fee.  You will get far more, in terms
of a bigger settlement, 2-3 times on average as people can obtain on
their own.  In choosing a lawyer, make sure, however, to avoid the
settlement mills that advertise on TV and run full page ads.  These
simply accept whatever the insurer offers, which will be somewhat
higher than they will offer you, but not nearly as much as a sole
practitioner or small firm lawyer, specializing in personal injury
cases, will be able to get for you.