Accident Claim

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  #1  
Old 12-19-08, 08:29 AM
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Accident Claim

I was rear-ended at a stop light about a year and a half ago. The guy that hit me was cited and he eventually pled no contest. His insurance paid for the full value of my totaled car. Two days after the accident, I started experiencing horrible back and neck pain. I should state that I've never been treated or experienced any problems with my back in my entire life (45 years). Went to a doctor, had x-rays, and he prescribed physical therapy, which I went through. Two months later, still experiencing much pain and stiffness, I had an MRI which revealed two herniated disks. Went to a spine specialist and more PT was prescribed. They taught me some excercises to help loosen the stiffness, but it was still always there. About 2 months after the second round of PT, I went to the ER in immense pain, unable to stand up straight. They gave me some pain meds and sent me back to the spine specialist, who again prescribed more PT. I completed the 3rd of PT about a year ago.
I still experience the pain of the stiffness and tightness almost daily. It's not crippling. but I know it's there. My medical bills totaled about 10,000, with me paying about 2000 of that out-of-pocket. The insurance company is offering me 8000 to settle the case. Is this fair? I know in Ohio I have to file any legal action within the next 4 months. I honestly feel like 8000 is a bit of an insult for an injury I probably will either have to live with or have some sort of surgical treatment to ever "cure".
 
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  #2  
Old 12-19-08, 08:37 AM
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This is why they have Lawyers on every streetcorner.
Shouldn't the insurance company be paying ALL the medical bills. Did you contact your insurance company from the very first problem?

Go to a lawyer...
 
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Old 12-19-08, 08:50 AM
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The insurance company has sent me correspondence asking me to forward the bills for reimbursement, but fortunately I do have health insurance and the couple thousand I've put out so far isn't a huge deal for me because I can afford it and I knew that they'd pay the bills when we settled.
 
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Old 12-19-08, 09:29 AM
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mmmm No expert, but you should have been sending them the bills. You lost the use of your money, and even if your insurance company is being re-imbursed, it will still reflect on your "permanent record"....lol

You really should be setting an appointment with a Lawyer who specializes in personal injury. Talk to your own legal advisor or maybe your accountant if you have one for a recommendation.

Glad you had the funds to cover it, but thats why the other guy pays his premium.
 
  #5  
Old 12-19-08, 10:52 AM
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Also don't be surprised if and when your insurance company finds out you may be getting money they will want what they paid out.
 
  #6  
Old 12-19-08, 11:50 AM
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My health insurance company already contacted me to be sure that I was going to pursue the medical bills, because they would if I didn't. I know it's tough to do, but I was hoping a lawyer on here might put a typical value on a case like this, with an injury that probably isn't going to get any better.
 
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Old 12-19-08, 11:57 AM
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Well, I think there are a few legal types here...but so much is about info you may not want to put on here. What is your age, physical condition before and after, life expectancy, marital status, limitations to conjugal relations, income, current physical limitations, expected expenses, job if any, employment limitations, etc, etc.

See what I mean?
 
  #8  
Old 12-19-08, 12:29 PM
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IMO you should hire a lawyer! I'd think long and hard before I accepted a settlement. Unless mistaken, a settlement means it's over...... but what if you have lingering health problems for the rest of your life
 
  #9  
Old 12-19-08, 03:17 PM
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Get a lawyer. While certainly not a number you should be spouting off to the other insurance company, accident claim settlements average (There is a wide range, this is an AVERAGE of everything) 2 1/2 - 3 times the amount of the medical expenses. I would say that an offer of $8,000 is probably low. Also keep in mind that this 2 1/2 - 3 number is slowly getting lower and lower.
 
  #10  
Old 12-26-08, 10:34 AM
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it's funny how everyone hates lawyers until thay need one; then i always hear people start out by saying: "i'm not sue happy, and i don't believe in all of these nuisance suits, but my case is different; i almost died; i will suffer forever; i have bills; i'm losing my job etc etc". but of course, when it is the other guy, then it is alway some greedy ambulance chaser trying to spin the wheel of fortune to shake some poor honest insurance company out of a nuisance sttlement. ok-i'm done preaching.
There are two things misssing in your fact situation, both of which may greatly impact the value of your case.
first, how much insurance does the other guy have and is he collectible? for instance, in our state, many people, that bother to get insurance at all, have the minimal liability limit of $25,000. if that's the kind of policy he has, and if he is not rich, then your case has a maximum value of $25,000, no matter what, unless you have underinsured motorist coverage. hopefully you do. contact your own insurance company to find out.
the second thing missing is a medical report relating all of your back problems to the accident. if you have such a report then you may well have a substantial claim. without it you have nothing to get the insurance company's attention.
finally, you said you have 4 months left to file a lawsuit. insurance companies have been known to stall a victim with a promise of some kind of settlement and then, after it is too late to sue, they show their true colors. do not fall for this.
my advice: get a good personal injury lawyer asap.
and the next time you hear some pompous windbag going blah blah blah at some party while he pontificates about all of the nuisance suits and how they are ruining this country, maybe you could educate him.
 

Last edited by the_tow_guy; 12-26-08 at 11:27 AM. Reason: Unnecessary comments removed
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