Son injured in accident

Submitted by Anonymous (not verified) on Thu, 09/18/2008 - 10:43

My son was a front seat passenger in a singal car accident. He is a very nice looking young man, he was thrown almost completely out of the windshield. His face is scared very badly his eyelid is severe it will not close all the way and has a V in it. He is going to have plastic surgery. I have never had to get a lawyer for anything before in my life, the highway patrol said we needed to find one. my son was hurt the most out of the 3 young men, the driver had an airbag the passenger in the backseat had my son's seat as a shield. the attorney says that the max policy the driver has is 50 thousand, my insurance is paying 10 thousand of medical bills. i want to make sure my son's face is repaired and that he is ok, the attorney is ready to seattle with the 50 thousand before my son has even had his first appointment at the plastic surgen. any good advice i am grateful though I don't have a clue about any of this leagal stuff. I am confused that it happened so quickly. 2 months ago. i am not sure if in the long run the cost of all the medical bills will be paid and the health of my son. he was knocked out for God only knows how long. took at least an hour to get him to the hospital because the driver was scared he was going to jail and the people that picked up the 3 boys had to take the driver and the other passenger home before they could get my son to the hospital. my son was bleeding very badly, his eyelid laid open his forehead cut badly and the whole side of his face awful. thank you all in advance

Posted: 18 Sep 2008 11:11 Post Subject:

the attorney is ready to seattle with the 50 thousand before my son has even had his first appointment at the plastic surgen.

Because this is the absolute max. you can get from this person's policy....unless the responsible party is very very very wealthy this is the most you can hope to collect. UNLESS if you have UIM BI (Under insured motorist) coverage on your own policy you can present a claim there...but the most you can get from the at fault party is their policy LIMIT which in this case appears to be 50k

Posted: 18 Sep 2008 02:18 Post Subject:

First, go kick the highway patrol officer in the nads for sticking them where they don't belong. I should not mention this as what was done is done but on a claim like this, the carrier would have offered up their policy limits without any problems. Your attorney really did not have to do anything but put together a short letter and send it to the carrier. For that, he gets 33% of $50k (leaves about $33k of that $50k). What the attorney _should_ do for that $16k is follow up with your medical providers and get them to lower your bills.

If the other people in the car were injured and were able to file an injury claim, they should get an extremely small portion of the payment. That is, each person should be paid a pro-rated amount based on the their loss (cost of treatment).

If your son is covered under health insurance, all of the medical bills should be submitted to them 1st.

Posted: 18 Sep 2008 03:09 Post Subject: thank you

I have the cheapest insurance. and had know clue that my insurance would pay anything because he wasn't in my car, the lawyer did that for my son. the driver of the car was on probation and we knew that, what none of us didn't know was that he was on house arrest. was why he was going to leave my son laying in the car, the other passenger that was in the back seat made the driver help get my son out of the car and help carry him until he woke up and they got service on the cell phone to call another one of there friends to come take them to the drivers home, where the drivers father could call for a doctor to make a house call. the other friends that picked them up said no he (my son) is going to the hospitol and we are calling his momma. the next day the backseat passenger went to the doctor for bruising. the driver never went. the highway patrol never presued the case he let it go as an abannded wrecked car, i blessed him out and asked him how could he not file anything so i can get help with the doctor bills because i don't have that kind of money he let it go. for 2 weeks of me trying to get this patrolman back on the phone and calling his seargent and cheif is how i got a crash report to get the insurances on the ball. now having that said the drivers daddy has a pull here in our county don't know what or how but he does. the driver has a lawyer for an uncle, which will be sworn in as 3rd judical judge january 09. the car was in the daddys name the boy drove it all the time and the daddy was saying the boy took it without his premission. the same boy in another car driving without a licence and drunk i wonder if he kills his passengers next time will the law try and cover it up

Posted: 18 Sep 2008 03:19 Post Subject:

and i want to thank you both very much for your advice. i wish i had found this place a lot sooner. are there anything or any advice for me to the lawyer, i had taken a lot of pics of my soon when i got him home they said the wreck happened between 12 and 1 am he got to the hospital a few after 2am. but i took a lot of pics during all this after he got his stiches out and healing the lawyer has those, i have to pay out of pocket for the first visit to the plastic surgey appt. they say i will get that back from my insurance. the surgery its self will come out of pocket they say i will get some of that back from my insurance.

Posted: 18 Sep 2008 11:10 Post Subject:

a doctor to make a house call.

wow what country are you in? Haven't heard of house calls here since the early sixties!

So the car is in daddy's name huh? Is the driver a minor? Does daddy have a lot of assets? If not then if it were me I'd tell my attorney lets just get this 50k in our pockets...and will you attempt to negotiate down the medical bills for me, and how about we negotiate down your fee as well because clearly this is a slam dunk that will not require too much of your time.

Posted: 19 Sep 2008 12:20 Post Subject:

how about we negotiate down your fee as well because clearly this is a slam dunk that will not require too much of your time.


Posted: 19 Sep 2008 12:39 Post Subject:


Posted: 19 Sep 2008 12:45 Post Subject:

I'm discouraged when every state I know of requires a seatbelt to be worn but at least a few states don't allow liability to be placed against a person not wearing their seatbelt.

Posted: 19 Sep 2008 05:20 Post Subject:

I totally agree with Lori and think you should settle for the 50k right now. Make the claim as soon as possible. Get your attorney to do the legal stuff before you lose out on time to make the claim. Get as much details about the car your son was riding and the driver's insurance and ask your attorney to use this information to your benefit. Wish your son a quick recovery.

Posted: 19 Sep 2008 10:14 Post Subject:


If they are still around be sure and pick up the phone and tell them that :wink:


Honestly Bidwist thought that was like pointing out the obvious...One of the rules at my house when I had teenagers was first six months driving NO ONE but mom or dad were passengers...if ANYONE in their vehicle did not have on a seatbelt they lost the car for a month...happened one time, daughter had a friend in her car that ''just wouldn't listen to me mom!" well after she lost her car for a month, she learned to tell her passengers 'put on the belt or get out of the car'...pretty simple...and since all teenagers are a selfish lot, appealing to their selfish nature (losing MY car because of someone elses actions? :shock: )...only took the once...after they were out of my house, and bill fold I have no control...but do know they are both (to my knowledge) very very seatbelt concious...

Another thing that wasn't in the post, did the young man know that the driver was drunk and was he drinking as well? I have seen some claims where the liability percentage had some shifted to the injured party for KNOWINGLY getting into a vehicle with a drunk driver....

Posted: 19 Sep 2008 01:09 Post Subject:

first thank ya'll very much. i live in the us. the father of the driver is well off he has 50 rental houses in our county alone. the boys are 20 and they were at a party and no my son said he didn't know how much the driver drank and he thought he hadn't drank but a little because he was driving fine until they hit the dirt road on the way home a short cut road. the seatbelt rule in my house is always been good but i guess when you are a 20 year old and off with your friends you tend to do as they do. i really don't care how much money this man has i just want to make sure my son's face gets fixed and he is ok in the long run health wise. and it happened in july and i thought now was to soon to settle for 50 thousand considering january he has to go back to the eye doctor. he has always had perfect eye site now he has a scar on the back of the eye and eye site in the right eye isn't as good as it was. oh and i went to the drivers fathers house to check on his son and ask if they needed anything call me. it upset me that the drivers daddy couldn't even call to check on my son knowing he got the worst end of it. i am from a small town if you have plenty of money here you tell the law around here what to do. since the wreck we have found out that the driver was on house arrest for about a year and we didn't know that because he would drive his daddys trucks everywhere all the time.. the cheif of the patrolman said he will be charged with wreckless driving, dui, leaving a scean of accident with serious injury, failure to report the accident. i told him i did not want the boy in trouble for this i just need help paying the dr, bills. he said that is not how the law works mam. and i really don't want the boy in trouble i guess that is the momma in me. everyone says i should be very angry, i am but it is not like the boy planned on running into the oak tree slinnging my son nearly out of the windshield, i am angry that my son didn't call and say momma i need a ride or the boys didn't just wait around a while, and that my son thought that he had to be without the very thing that may have saved his face (seatbelt) and the drivers dad didn't call or come by to check on my son. all this is what makes me angry

Posted: 19 Sep 2008 01:48 Post Subject:

Keep in mind that any other injured party, less the driver, will also get a small portion of the $50k policy limits. It's proportional to the person's claim and it sounds like everyone else pales in comparison to your sons so this is probably not a big issue.

If the father has that many assets I'd speak to your attorney about settling with the father directly and/or filing suit. Keep in mind that some attorneys are looking for an easy pay off (accepting just the insurance companies money) but there are some that would go the extra distance if they thought they could be paid on a judgement. With all the fathers assets, I would think this might be worth looking into. Also, the fathers limits seem to be very low. If he has rental properties he might also have an umbrella policy. Your attorney needs to ask about this.

Posted: 22 Sep 2008 02:24 Post Subject:

ok thank you all again, now a question about my insurance that was supposed to pay 10 thousand in dr. bills, i have to pay out of pocket for the plastic surgery will my insurance reimburse that to the 10 thousand or 80% , if so how do i do it without the attorney adding up the cost we owe him, again thank you in advance

Posted: 22 Sep 2008 02:42 Post Subject:

When you say "my insurance", what type of insurance is that? Auto, health, etc?

I'm assuming that is auto, medical payments of some type, as health usually has much higher limits. Your medical providers should submit their charges directly to your auto carrier. What is paid depends on your states statues for medical payment coverage. That is, they are all different. For example, Florida has $10k PIP and pays medical expenses at 80%. They pay all bills as they come in at 80% until they have paid out $10k.

Posted: 22 Sep 2008 03:01 Post Subject:

auto insurance florida, the plastic surgeron says i have to pay out of pocket that they do not file on auto insurance so i was wondering do i send the receipts to the insurance company or do i even get any of that back and if i do how

Posted: 22 Sep 2008 03:42 Post Subject:

I'm not familiar with how the bills are handled up front. Is the doctor not going to perform the procedure unless he's paid up front, or not allow your son to leave without paying? That is, if the doctor is going to send you the bill after the fact, I'd simply submit that bill to your carrier. They are required to pay it within 30 days. If the doctor wants payment before the surgery, ask for the bill now and submit it to your carrier.

Your carrier will pay 80% of the bill (unless you have a deductible that has not been met).

From what I recall, you have an attorney. Since you're paying your attorney a _lot_ of money, he/she should be handling this for you.

Posted: 22 Sep 2008 05:01 Post Subject:

the dr will not perform the procedure unless paid in full. thursday i have to pay 300 for a consultation then they will let us know how much it will all cost.

Posted: 22 Sep 2008 06:20 Post Subject:

I can't see a doctor charging anything before the service is perormed and I can't see him not letting the patient leave without paying. If the doctor is going to bill you, just send the bill to your carrier for payment.

Again, I'd speak to your attorney about the best way to handle this.

Posted: 23 Sep 2008 10:44 Post Subject:

The doc should simply file a lein....I'd be alittle worried about this docs business habits...can you have him call your medpay adjuster for verification of payment in advance of the procedure?

Posted: 23 Sep 2008 12:50 Post Subject:

i do not understand how anyof this works. the attorney says i will have to pay for the surgery and the visits out of pocket and he will have 80% from my insurance refunded to me. the plastic surgeon in my opinion but thats is my opinion, should see my son thursaday take my 300 and give me a estimate and let that go to my insurance and let them pay him for fixing my son's face, and then let me pay the 20% left. well that is not what is happening. i have to pay up front do i need to find another surgeon? because i talked to several and none of them files on auto insurance

Posted: 23 Sep 2008 03:11 Post Subject:

Plastic surgeons charge for consultations? I really don't now but I would have thought they would not charge for this. Your attorney can offer no insight on what is normal in your area?

Posted: 25 Sep 2008 04:45 Post Subject: insurance

My goodness!! Everyone, in that car are lucky they are still alive!! I'm sorry your son was seriously hurt, CONSERNED. Also..I read that the "car was on probation." I know PEOPLE can be on probation, but...a car?! How does that happen? Wow!! I have a feeling, because Daddy has money, THIS may be 'swept under the rug.' Just my opionion, of course. I live in a small town....I 'see' alot of this. However...I'm NOT saying this IS going on. Just reading this story, that's the impression I get. Hope things work out for you. CONSERNED, can you update me on the 'progress' of the case?

Posted: 30 Sep 2008 01:48 Post Subject:

the driver of the car we thought was on probation, we found out the next day after the wreck he the driver of the car was on house arest. and i live in a small town and a lot of things get swept under the rug around here. this boy the driver should have been in prison or at the least jail a good while ago his record includes.. the first charge grand theft, VOP & dealing in stolen property, VOP & sex with a 13 year old girl, and of course now the attorney said VOP & DUI, leaving a scene of an accident with serious injurys, and did not report, driving with no licence, wreckless driving. as i have said before i don't want the boy to go to jail

Posted: 30 Sep 2008 01:55 Post Subject:

as i have said before i don't want the boy to go to jail

Just going to let him continue on and do this to yet another person? Can't imagine why he just continues on this path. Perhaps next time he'll step it up a notch.

Sorry, but not only should you not be ignoring the problem, you should be pressing the issue. A nice letter to several key folks outside your town would probably help (State Attorney, Governor, etc).

Posted: 30 Sep 2008 02:02 Post Subject:

Grand Theft
Dealing in stolen property
Sex with a 13 year old girl
Leaving the scene of a accident with serious injuries
Driving witout a license
Wreckless driving

I don't mean to sound harsh but...with this laundry list of offenses, his sorry ass should have been in jail a long time ago. And, sorry to say this but...if he was in jail, you wouldn't be going through all this.

Why...please tell me...WHY in the world do you not want this guy to go to jail?

Posted: 30 Sep 2008 11:50 Post Subject:

as i have said before i don't want the boy to go to jail

Bet if it were your 13yr old daughter or next time he's out driving drunk hits your child/spouse/mom/sister and kills them or leaves them in a wheel chair or bed the rest of their'll be singing another tune....see this is one of the things that's wrong with the one takes a stand....if someone before you had you wouldn't be in this shape...I think you are a decent person from what you have posted...but I would like for you think about six months or a year from now if he kills a child driving drunk...or knocks up a 12 year old....aren't you going to feel just a tiny bit responsible that you didn't do what you could to get this loser off the street?

Posted: 01 Oct 2008 01:27 Post Subject:

*shakes head*

conserned - go back and read your posts. Then sit down and think about all the money and time you have spent. Think about how much more time and money you will have to spend.

And..sorry to be blunt - think of the pain your son has gone though - and will go through...probably for quite a while.

You still want to keep the guy out of jail?

If it were me in your shoes, someone would have to keep me out of jail - no body hurts my family.

Posted: 01 Oct 2008 09:52 Post Subject:

I'm all for giving EVERYONE and ANYONE a second chance...but this boy has had about ten it sounds like....time to suck it up and do what's right...tell you what...I'm with life I'm a mother grizzly when it comes to my family and my husband is the ultimate male protector...not a doubt in my mind that we would go to whatever lengths necessary to get some justice....wonder if you'd have felt different if you were visiting your son in a cemetary...only by the grace of God you're not...

Posted: 09 Oct 2008 04:26 Post Subject: accident

WOW!! I understand this is ONLY a boy, however..............he knows the 'rules'. He should be held responsible for what he did. I DO have a question, though. Because this boy is a minor, when he turns this issue STILL on his record or is it just 'gone' because he was a minor at the time? It's not fair to 'sweep all of this under the rug.

Posted: 09 Oct 2008 04:36 Post Subject:

Because this boy is a minor, when he turns this issue STILL on his record or is it just 'gone' because he was a minor at the time?

the boys are 20 and they were at a party

Posted: 11 Oct 2008 04:52 Post Subject:

now a question about my insurance that was supposed to pay 10 thousand in dr. bills, i have to pay out of pocket for the plastic surgery will my insurance reimburse that to the 10 thousand or 80%...

Hi Conserned

First let me ask if the medical provider you are getting your son treated from is listed with your insurance company or not. If yes, then your medical provider will directly send the bill to the insurance company and they will take care of the settlement. Now how much portion you need to pay out of your pocket depends on the policy agreement that you have with your insurance provider. There may be a certain percentage of deductible that you need to pay. In case you are not aware of it, I would suggest you go through your policy agreement and find out.

Happy to help :)

Posted: 11 Oct 2008 05:02 Post Subject:

This is PIP/Auto coverage, not health insurance. Bills are submitted to the PIP carrier and they pay reasonable and customary charges. There are no listed doctors. FL PIP pays 80% of the charges and the OP would be responsible for the additional 20% (ultimatly paid by the other carrier).

Posted: 11 Oct 2008 05:07 Post Subject:

uh well I see. Hey thanks tcope :)

Posted: 13 Oct 2008 11:21 Post Subject:

When you say OP is responsible for the other 20% doesn't that get reimbursed at the end when they settle. I have paid lots and lots of money out to 20% and was told to keep track of it and keep reciepts.

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