Geico Delaying Injury Payment

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Hello all, just a quick question. in dec 2018 I got rear ended by a texting driver, my car was totaled and I promptly received the check from GEICO. However, my neck injury is totally different animal. It's been almost 2 years and still no settlement, here's what they tell me now:

"We are still working with the lienholder to obtain their final lien documents to complete our evaluation and present a settlement offer for you."

My injury was some neck pain diagnosed by an ortho as cervical strain which settles down but comes back occasionally (whiplash injury) so I have to come back to PT for exercises and dry needling which relieve the pain somehow. I have low deductible insurance so my ortho visit + medical expenses + PT were relatively low. I also don't have a lawyer at this moment.

So I have three questions and will be happy if you could answer them:

1. Should I get a lawyer?
2. Who's the lienholder in this scenario? My insurance company?
3. Is there any way to speed up the process except of lawyering up?

Thank a lot.
 

adjusterjack

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in dec 2018 I got rear ended

The CT statute of limitations is 2 years from the date of the accident to file a lawsuit per CGS 52-584.

https://law.justia.com/codes/connect...ection-52-584/

Please answer ALL of my questions exactly as written.

Who's the lienholder in this scenario? My insurance company?

Almost certainly your medical insurance company which gets reimbursed out of your settlement before you get the rest.

Should I get a lawyer?

"We are still working with the lienholder to obtain their final lien documents to complete our evaluation and present a settlement offer for you."

You're the one who should be goosing your medical insurance company to give YOU those figures. And YOU are the one who should be making a demand for the amount of dollars that you want to be paid. If GEICO can stall you beyond the 2 year SOL they won't have to pay you anything as any lawsuit will be time barred.

Is there any way to speed up the process except of lawyering up?

Yes, find out how much money your medical insurance company wants. Then write a demand letter to the claim rep for X dollars.

Which begs the question. How much do you want in settlement of this claim? Give me a dollar amount. Your answer will tell me whether you need a lawyer or not.
 
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in dec 2018 I got rear ended by a texting driver, my car was totaled and I promptly received the check from GEICO. However, my neck injury is totally different animal. It's been almost 2 years and still no settlement

Is the insurer in question your insurer with whom you have made a first-party claim or the other driver's liability insurer with whom you have made a third-party claim?

I have low deductible insurance so my ortho visit + medical expenses + PT were relatively low.

Which means the majority of any settlement will go to your medical insurer and you'll see relatively little money yourself.

Should I get a lawyer?

That's up to you. Just keep in mind that any lawyer you hire is going to get 25% or more of the settlement.

Who's the lienholder in this scenario? My insurance company?

Presumably, it's your medical insurance carrier.
 
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I still see no previous message so hopefully with one will go through and the other one will be approved by moderator.

Thanks. So i reached out to adjuster and he says that the lienholder is conduent, not cigna. Seems that this is payment processing company, but not 100% sure.

I will try to get some kind of claim number with conduent from him so i could push the resolution on my end.

Is the insurer in question your insurer with whom you have made a first-party claim or the other driver's liability insurer with whom you have made a third-party claim?

I went through the insurance of the driver at fault - Geico. I also have Geico though.

That's up to you. Just keep in mind that any lawyer you hire is going to get 25% or more of the settlement.

That's fine, as long as they make me whole again.
 

adjusterjack

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So i reached out to adjuster and he says that the lienholder is conduent, not cigna. Seems that this is payment processing company, but not 100% sure.

I will try to get some kind of claim number with conduent from him so i could push the resolution on my end.

You should have been getting EOBs (Explanation of Benefits) in the mail every time your medical insurance paid a provider.

Those EOBs can give you an idea of what your medical costs were.

You should be calling CIGNA/Conduent instead of the GEICO adjuster.
 
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My injury was some neck pain diagnosed by an ortho as cervical strain which settles down but comes back occasionally (whiplash injury) so I have to come back to PT for exercises and dry needling which relieve the pain somehow. I have low deductible insurance so my ortho visit + medical expenses + PT were relatively low. I also don't have a lawyer at this moment.

(whiplash injury) so I have to come back to PT for exercises and dry needling which relieve the pain somehow. I have low deductible insurance so my ortho visit + medical expenses + PT were relatively low. I also don't have a lawyer at this moment.

My injury was some neck pain diagnosed by an ortho as cervical strain which settles down but comes back occasionally (whiplash injury) so I have to come back to PT for exercises and dry needling which relieve the pain somehow. I have low deductible insurance so my ortho visit + medical expenses + PT were relatively low. I also don't have a lawyer at this moment.
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