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 Posted: Tue Jan 15, 2008 2:23 am Post subject: MVA with unique circumstances |
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Two months ago I was in an MVA in which I was not at fault.
First, my unique situation: I am a C5 quadraplegic that is wheelchair bound. Of my limbs, I am strictly dependent upon my right arm and right leg. On my right hand, only my thumb, index finger and pinky finger are functional. With all that said, I lead a fairly independent life as stand up comic (in addition to a part time day job). I drive a modified Chevy Uplander with a dropped floor and a ramp that folds out. I drive the vehicle in my power chair, as it simply pulls up to the steering wheel.
In my accident I was driving 40 mph in the middle lane. The at fault driver came to a stop sign and then proceded into the road. I hit him flush in the driver's side of his SUV. Both airbags deployed. The dash was crushed into my right knee and the airbag deployed on my right hand. I was taken to the hospital in an ambulance. The driver took full responsibility as did his insurance company.
At the ER they did not initially see any breaks/fractures (though they did note my right knee was swollen) and sent me home. Once home I realized my right hand wouldn't work right. I couldn't grip, type or write (for what it's worth, someone else typed this). My pinky finger was incredibly weak and wouldn't function as usual. To the average person that may seem insignificant. To me, it's devestating when you already have a limited infrastructure. After a week my knee kept swelling.
Ultimately seperate orthopaedic surgeons diagnosed me with a non-displaced fracture in my right leg and ligament damage in my right hand. They immobilized my right hand and leg (which, for me, is tantamount to total paralysis). After adequate healing time they are recommending 3-4 months of PT/OT for my hand and leg to regain range, strength and general use.
There was $14,000 worth of damage to my vehicle (which does not include the modifications). There was an additional $1500 in damage to my wheelchair and $1000 dollars in medical bills. I am only able to prove lost wages from my part-time job of $1400.
What should I expect from this situation?
Thank you in advance.
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MCC2121
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| Posted: Tue Jan 15, 2008 2:37 am Post subject: |
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I forgot to mention I am in Texas.
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MCC2121
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| Posted: Tue Jan 15, 2008 4:14 am Post subject: |
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What state do you live in (just kidding).
First... why did I see this question coming. Your post was very detailed and contained much information. But there is simply no way to put a dollar amount on your situation as we still don't know 1/2 of what need to be known. I can say that there is no way a carrier is going to want this to go to court. No one wants to see a person with such adversity, in a wheel chair telling a jury how this person caused them even more pain. With that said, ask for a million dollars and you will see the inside of a court room.
While I have said this, it's very seldom. I really think you need to seek legal representation. While an attorney will take 1/3 of your MVA settlement amount, I think he/she could easily get you a lot more then if you attempted your own negotiations. You'd also be saved the time and aggravation.
You only have $1k in medical bills right now but with 3-4 months of PT and additional follow up with your medical doctor, I could see your bills being closer to $6k. This is just for the PT. You might also need additional x-rays to check on the fracture.
I think a big question is also, what is the other person's liability limit? I've not checked TX limits.... okay, I just did and it's $20k. You might want to find out if the other person's carrier thinks there might be a policy limits issue (I'm not sure if TX requires this disclosure but if they don't, most adjuster will tell you if it's an issue). If the person only has $20k in Bodily Injury coverage, you may want to forgo the attorney and just ask for the $20k. If you got an attorney, he/she would simply ask for the $20k and then take 1/3 of that (screwing you over).
So I think the claim is worth $20k? Yes. Do I think the claim is worth more then that? Possibly... but without knowing all the details, it's a big grey area.
[Note: if the other person's policy limits are $20k, the other carrier won't waste much time with a lower offer... like $15k. It's not worth their time and they do have their insureds interest to look out for. If they can throw another $5k into the offer to settle it, it's much better then risking an excess judgement in court (and court is a roll of the dice) and having a bad faith claim against them from their insured). |
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tcope
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| Posted: Tue Jan 15, 2008 5:38 am Post subject: UM |
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Well my friend, am not too sure about the limit of the party at-fault...but do you carry UM coverage? I believe the Um coverage would come in handy if the other party's liability is of not much help to you!
Thanks,
Curlyngurly
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Curlyngurly
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| Posted: Tue Jan 15, 2008 9:46 am Post subject: |
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According to me, you might get eligible for higher compensation.
Tcope has addressed your problem quite accurately.
| Quote: | | You only have $1k in medical bills right now but with 3-4 months of PT and additional follow up with your medical doctor, I could see your bills being closer to $6k. This is just for the PT. You might also need additional x-rays to check on the fracture. |
And that's why I feel that you should get more towards the medical treatments. Therefore, you must not haste in settling the injury claim. The bodily injury liability coverage covers the following:
- Medical expenses
- Pains and suffering
- Lost wages
IMO you may get eligible to collect under all the three categories. Involve your doctor. He must be able to ascertain the future medical expenses and thus can help you in deciding upon the amount. Also I would suggest you to seek legal representation.
Moreover, we can expect the PIP component of your policy (providing you have one) to cover you if your medical expenses exceeds the maximum limit of the other party's liability limit. This is a no-fault coverage, i.e. covers irrespective of the party at-fault.
Wish you all the luck and keep us update with the developments.
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dreamweaver
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| Posted: Tue Jan 15, 2008 1:40 pm Post subject: |
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Sorry Curlyngurly, UM has NO bearing on this one....However UIM may (UNDERinsured motorist) IF the at fault party has low limits...Something for you to check your own policy for (UIM)....
I'm with tcope on this one...see if you can get a 'feel' for the other parties BI limits...if they won't budge on the limit (which if fine, and EXACTLY what most adjuster will do, and some times just flat cannot tell you)...Think I would tell them (after I'm done treating--do not even think about talking settlement until then!) that I want their policy limits...(see if you can get them to move at all on atleast, 'hinting' at their limits I've also done that)....if you don't think you are getting anywhere THEN I would go to an attorney, but I would try this one on my own first...Also don't forget that should you require additional help or assistance while you are mending that also will be paid under this settlement...(ie housekeeper, nurse, driver whatever)....
Please let us know if we can be of further assistance and how you are progressing, I'm so sorry you have had this happen...
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Lori
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