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 Posted: Wed Jul 29, 2009 10:18 am Post subject: |
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| Quote: | | my agent was wrong, I can file through them at any time. |
Told ya' that agent should be written up...
I | Quote: | | do have to say one thing, the longer I hurt the madder I am now getting at that other driver for talking on her cell and hurting us like that. I wasnt mad till about a week ago when the pain got horrendous in my neck and shoulder and I couldnt even pick my daughter up when she fell. |
Lucinda, write these little things down, (including date/time etc)...when it comes time to settle your injury you need to remember these things.. | Quote: | | I was so worried about what would happen to the other driver, that her insurance would cover everything and her rates wouldnt go up, now I want to seriously kick her behind ( pregnant hormones? lol) |
No, mama instinct...NOTHING messes with our babies!
| Quote: | | I wanted to thank you all again and just update you all where we are. |
Thanks for the update, please do keep us informed..
Lucinda, have you asked the other adjuster what their insured's bodily injury limits are? See if they will tell you or ask your adjuster if she/he can find out. If this little twerp had low limits you might as well know now.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Wed Jul 29, 2009 3:09 pm Post subject: |
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Lori:
I havent asked what bodily limits she has, but in Indiana the min is 25K each person, 50K total per accident.
When you say write it down, are you talking about when the pain gets bad or just when I want to kick her behind and shove her cell where it dont shine? (Sorry, my shoulder is killing me today and I am grumpy!)  |
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LUCINDA574
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| Posted: Sun Aug 23, 2009 6:34 am Post subject: |
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Hi! Just wanted to update you all. I got my truck back a little over a week ago, they kept finding small things like clips on the bumper etc that they were having to wait for parts and to write another supplement for but I got it back and she looks good as new! Total cost for repairs was around 10K total.
We are doing pretty good, we found out the baby is a boy and hubby is thrilled. Having some pre term labor again, but I dont believe it has anything to with the accident.
I was going to PT 3 times a week for my neck and shoulder, but the therapist pushed me too far, he must have been having a bad day and started yelling at me and acting like a drill sergeant, very unprofessional, so I quit there last week and will see what is going on when I go back to the ortho doc next week. In all honesty, PT was hurting more than helping I think...
My med pay is handling all those bills wonderfully and I cannot say enough how nice the medical adjuster from Farmers has been. She has called and always been really pleasant and all with no pressure of settling or anything, so I feel a bit foolish about my paranoia from before!
Thanks again for all the advice! |
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LUCINDA574
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| Posted: Sun Aug 23, 2009 12:08 pm Post subject: |
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| Quote: | | When you say write it down, are you talking about when the pain gets bad or just when I want to kick her behind and shove her cell where it dont shine? (Sorry, my shoulder is killing me today and I am grumpy |
Sorry Lucinda I missed this post some how, yes what I meant was to write down date/time etc, when you ie, couldn't p/u a crying child and comfort her..etc..
Glad you have your vehicle back and are happy with it. I forget, did you talk to her about a DV claim?
| Quote: | | We are doing pretty good, we found out the baby is a boy and hubby is thrilled. |
That's awesome! Congrats! What is this little guys name? | Quote: | | Having some pre term labor again, but I dont believe it has anything to with the accident. |
Did you have this with your other babies? | Quote: | | so I feel a bit foolish about my paranoia from before! |
I'm glad you two are communicating well, and it was just that (paranoia)...When are you due again?
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun Aug 23, 2009 1:24 pm Post subject: |
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No, no diminished value claim, never even thought about it
I had preterm with my other 2 kids also, never this bad though.
I am due Jan 5th. thanks again!~ |
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LUCINDA574
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| Posted: Fri Mar 12, 2010 8:44 pm Post subject: Update... |
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Hi Lori and everyone!
Well, my baby was born the end of November and was 7 weeks early. They thought my prior c-section was re-opening. He is a sweetie but has had such a huge horrible go of it. He was in the NICU for the first 39 days as he couldnt breath on his own and had to learn how to eat. He also kept having issues not breathing and his heart rate would drop, we had him home twice for 3 days and for 2.5 and ended up at the Rileys Childrens Hospital where we found out he had brain damage, a too small brain and severe GERD which ended in surgery and a gastric tube. He is now doing better and starting to hit some of his milestones. He has been home for a month and we are FINALLY getting some normalcy.
I guess I have questions and really dont know what to do. I still have some stiffness in my neck and there are days where my shoulder just kills me. I have not went back to the ortho dr and probably wont, I just dont have the time to deal with it all and have gotten to the point where I just deal with it. we have reached out policy limit on our auto insurance on what they will pay ( med pay?) and honestly, we dont have the money to put out right now.
I guess my real question is about baby. They say the accident at 14 weeks gestation =may= have caused his brain not to have grown, but there is no proof either way that it did or didnt. I dont want to get an atty, I just feel like that is just not 'right' I guess. I dont want to involve the baby in a settlement, but will they make us if I want to settle on mine? The other problem is our child is now on state medicaid as a secondary ( we have private health insurance) and the state will just take any money he gets to help pay his medical bills which is well over 500K at this point. I am just at a loss as what to do from here.
I told the adjuster I was ready to settle and I guess they have been trying to get all my medical information and are still waiting on a report from one of my Drs. She has not said anything about an amount or anything like that ( it has been about a month now). She did say our auto insurance was in subrogation ( not sure how to spell it) to get reimbursed for what they paid out. Can anyone offer advice? |
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LUCINDA574
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| Posted: Sat Mar 13, 2010 1:09 pm Post subject: |
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Good to hear from you Lucinda! So sorry your little guy has had such a tough time of it...from your post he is CLEARLY a fighter...what is his name?
Lucinda, if I were you, (and you agree with this) I'd get all my info together (ie total your med bills-hopefully you kept a diary like I advised)..and tell them you will sign a release for policy limits...that you won't involve the baby, or you will sign a release...I would tell her that you've spoke to an attorney, and docs..if they are unwilling to pay policy limits, you'd be willing to roll the dice with a jury, and parade pics of your son, and his struggles...as well as your own (having two young girls, and preg. and not being able to get pain relief, and the anxiety of the rest of this pregnancy, worrying about your SON, that you and your husband wanted so badly, to then go into pre-term labor, only to have him have so many terrible problems..) just lay it on thick.....I think the adjuster should get the picture...and going to trial would most likely end up in an excess judgement against their insured...who then could bring a bad faith claim against them because you have offered and are willing now to accept policy limits...and that you intend to follow this conversation with a written letter reiterating your willingness to settle for policy limits...but your offer to do so is only good for 'x' amount of time (you decide)...and if you don't hear from them in that amount of time, you will have no choice but to get an atty, and at that time you will be seeking excess policy limits for both you and your son, and his med bills alone are over 500k...and I'd leave it at that..and I'd send a letter, like I said, and see what happens...
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sat Mar 13, 2010 1:32 pm Post subject: insurance |
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| (Been out of the 'loop' for a while). I was scanning through this post and.....I just don't know what to say. How horrible for you and your family, OP!! It just sounds like there is NO ONE on your side (reguarding the right defense that you need). Poor little thing!! Well.....it sounds like you're pretty tough, so, I just bet the 'little one' will be the same way!! I would like to know an 'update', as well..........thanks. (Hello, LORI and everyone else!!) |
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sdchargersfan
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| Posted: Sat Mar 13, 2010 1:38 pm Post subject: |
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hi SD good to see you
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun Mar 14, 2010 10:01 pm Post subject: |
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Wow Lori, I never imagined asking for that much...when you say policy limits, in Indiana the minimums, which is what I assume she has, are: Bodily Injury Liability: $25,000 per person with a $50,000 Limit total. So I am asking for the $25,000, right? I did keep a diary, not a very detailed one, just when the pain got real bad I would write it on the calendar that I couldn't hardly move or couldn't pick Carrie up or that I was having pain again in my abdomen where the bruise was ( the bruise stayed there almost 2 months, right where my prior c-section was...) The medical bills they have from me and from my insurance.
The adjuster was sweet and she called every month to check on me. I was always honest, sometimes prob too honest as I made light of my hurting at times. I never looked at this accident as a "way to make money" as some people do, I just wanted the bills paid. But I admit, it scared me till the day he was born that he got hurt because of it and in my heart, with all the brain issues, something happened in womb to stop it from growing. I honestly believe it was the accident. The drs said it could have been but there are reasons it could have happened also.
So do I wait till she calls me with an offer or do I call her or do I just send a letter? Also my mil says that my husband needs to also settle with her for all the emotional crap he went through, missed work for the 3 days he took off when I was in ER and for "lack of consortium" which I had to look up and honestly, I cant see him actually wanting anyone to know that his sex life went to nothing after the accident lol
To be honest, I dont see her offering more than like $2000. Right after the accident when I couldnt get them to get my truck taken care of and I told them I was going to an Atty she advised me to go and that I couldnt speak to her if I did...
thanks for the advice and for the support, I just want this done and over so I can pay the rest of my medical bills and put it behind us. |
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LUCINDA574
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| Posted: Mon Mar 15, 2010 11:35 am Post subject: |
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| Quote: | | Bodily Injury Liability: $25,000 per person with a $50,000 Limit total. So I am asking for the $25,000, right? |
If they had min. limits...those are the same limits my state requires, but I carry much higher limits than that...so I'd just tell them (if I were you)...I want policy limits and 'this' is why I feel entitled..also before I'd sign a release for said limits, I'd make them prove their limits to me..oh and yes, it would be the first number (25k in your example). | Quote: | | "lack of consortium" |
I've never heard it called 'lack of'  ''loss of'' maybe  and she's right he has to sign off as well.
Honey, you do what you think is best, but this is no 2k claim IMO...especially with your son's condition. This money is meant to compensate you no only for the actual injury, pain, loss of wage. But also loss of quality of life (couldn't properly care for your girls etc)...as well the mental (dis)stress of finishing this pregnancy, worrying the entire time. Also don't forget that due to your pregnancy you could not get much pain relief. Also with your son's disability and the docs up in the air about if the accident caused it or not. I'd (again) ask for policy limits, and remind them that if they chose not to pay me this, then their insured will have a bad faith claim against them as well, should you be able to secure an 'excess' judgement.
Look I'm the first one to throw up the b.s. flag on money grubbers, trying to make a buck on a tap in the rear...but your accident was different...IMO, you're due policy limits on this one....due to your son's disability(s).
Again, it's your claim..so you do what's best for you. Remember to check before settling, to see if your health carrier (or medpay) is going to subrogate you for the medbills they have already paid...
I'd get all my stuff together then call the adjuster, and follow it up with a letter or email.
Let us know what happens..and if we can assist you any further...also what did you name this sweet boy?
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Mar 16, 2010 4:45 am Post subject: |
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thanks Lori, I really appreciate all your help and I will follow your advice and see what happens.. I will definitely let you know how it goes!
We named him after his Dad, Clarence Ralph Wyatt H. III. We call him Wyatt.
http://i141.photobucket.com/albums/r74/CASEY574/101_2477.jpg |
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LUCINDA574
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| Posted: Tue Mar 16, 2010 10:43 am Post subject: |
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What a cutie! Lucinda, he looks healthy as a horse now doesn't he? You're truely blessed...Wyatt...I've always liked that name...congrats again!
Let us know if we can be of further assistance, and how it goes..
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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