by shawna_hottie_2006 » Thu Apr 17, 2008 11:42 am
A while ago I was in an accident and just found out the people did not have much insurance. I have lost wages, atty fees and future medical costs (lifetime med. costs). What can I access my own underinsurance on my policy for. I am not too worried about med. in the near future because my hausband has pretty good coverage. What about the atty. and pain and suffering. I don't want to sound like a money hog but once I pay the atty and recover my lost wages that doesn't leave much od an award for a lifetime of lim itations and pain.
Posted: Fri Apr 18, 2008 03:09 pm Post Subject:
First off let me say I feel for you. I also was involved in a car wreck and have RSD...pretty much the same thing as crps...just another name. It is very hard to live with and you always have some type of pain. I returned to work about two weeks ago and had to take today off a least one day a week because of pain. But I am trying. Next give this atty. a call and DEMAND some answers. T-scope is right here you are paying them. I had to start demanding answers cause I was getting the same kind of lines.
I feel for your worries on the other persons coverage..it is one I worry about also. I have NEVER been a vengful person but after the pain I am always in and not being able to do things like I use to I find myself very angry at times. I was even getting depressed because I thought I could handle work better than I am. All I can say is hang in there and give your self credit for what you can do. You have to chose your battles carefully. Only chose the ones you can win and that are importtant. Don't waste your time with what ifs and I can'ts. I myself do not get the whole PIP thing and my atty. never really explained it in terms I understood so I just figured whatever will be will be. You may think this is falling to defeat but this comes back to chosing your battles. Whatever it is I can't change so I am not gonna worry in exces about ikt. Yes I wish I understood but I don't and that is why I have an atty. Hopefully the other insured person had decent coverage. I don't know but I also know if they didn't there is really nothing I can do. I'm gonna keep checking back and posting since this subject also effects me. Good Luck.
Posted: Fri Apr 18, 2008 09:38 pm Post Subject:
The only way I found out what the other person had was a friend of a friend. As far as I know she is telling the trruth. I didn't disclose any of this to my atty. This whole thing just stinks cause it doesn't ever get better.
Posted: Sat Apr 19, 2008 12:19 pm Post Subject:
The only way I found out what the other person had was a friend of a friend
Then are you saying that the 'at fault' party does only have 15k in BI limits?Your UIM is just that ''UNDER'' insured motorist...while I certainly understand there are times when the injured party doesn't feel their settlement was enough, this will not kick the UIM coverage in....you must first accept the policy limit from the other carrier, and then your carrier must agree or be proven that your injured exceeded the coverage limit of the 'at fault' party...
I just want to say a word or two...it would be a very cold day....well somewhere hot before I'd be signing off on third of a settlement and got this in return...
I wish my atty would get on the phone so I could ask him some questions
I always ask for him but some lady gets on the phone and talks to me. She answers some questions and the ones she doesn't have answers to she says she will find out and get back to me. This isn't always the case.
I didn't even know what PIP was...it was never explained to me
(I really can't believe this one! your attorney didn't even explain your coverages?)...I know I pay an atty but I just ain't getting any answers.
Recently they did tell me they may go ahead and start requesting all my records and forward them to other company.
if your attorney is just now 'thinking' about requesting your records...i'd say quickest you'd expect your first offer would be thirty days...likley more.....i'm so sorry you are having to suffer thru this, especially financially....there is no reason on the planet that your attorney shouldn't be answering your questions promptly...personallly two unreturned phone calls and i'd fire him...seriously they aren't doing much work for this third of YOUR MONEY....the least they can do is answer your questions...it should be crime to accept payment of this amount and not even return calls frankly you may have been able to handled this by yourself and saved the fee..Posted: Mon Apr 21, 2008 12:07 am Post Subject:
I think that is what she is saying (15,000)is the limits. Wow I have to say I do feel for her because this is exactly what I am worried about myself. Things at my work aren't going very well and I was a little too optimistic in what I "thought" I could do. Are you saying here Lori that she can't access her underinsurance until she settles with the other carrier first?
I don't mean to sound ignorant here but if she has anything near what I have (different name, same thing) then this injury isn't just nothing. I can not believe holw much I struggle with my arm. I use to lift heavy things with a blink of the eye, open a jar with no trouble, little things I use to take for granted puts me in tears , especially emotionally. Not to take away from Shawna this is her post but if the other party in my case only has that amount whoa...I break it down like this $5,000 atty fees, $4,000 lost wages so that leaves what $6,000 for a lifetime of crap? This would make anyone pretty angry. Anyway...Good luck Shawna stop back and let us know how things are going.
Posted: Mon Apr 21, 2008 11:51 am Post Subject:
Are you saying here Lori that she can't access her underinsurance until she settles with the other carrier first?
yes basically, they may open a reserve under her UIM, and assign an adjuster if they are pretty certain it will exceed the other limits...but the other policy would have to pay it's limits before a UIM claim could be considered...I break it down like this $5,000 atty fees, $4,000 lost wages so that leaves what $6,000 for a lifetime of crap?
The i nsurance company cannot consider the attorney fees, that was the injured parties choice to get an attorney....rather they would value the claim based on the amount of doc bills/loss of wage/disability/pain and suffering/ and further treatment. If that made the injury worth 20k or more, then after getting the necessary releases signed they would pay their insured's limits...then the injured party goes to their carrier and files a UIM claim....I can not believe holw much I struggle with my arm. I use to lift heavy things with a blink of the eye, open a jar with no trouble, little things I use to take for granted puts me in tears , especially emotionally
I know fireyone, and sympathized with anyone that is hurt.....but if there is only 20k in coverage then that's all that can be paid...then if there is UIM then that's the way to go...if there is not, then (unfortunately) there isn't....it's like a bucket with 20k in it....that's all there is..period...no place to get anymore (unless there is UIM coverage)... :cry:Posted: Mon Apr 21, 2008 06:40 pm Post Subject:
Thank you for clearing that up for me. When I read this post it really hit home. Either way life has to go on and that I understand. Shawna really hit on alot of my own fears. The driver of the vehicle who hit me was a younger girl on her parents insurance so I know that with the cost of insurance they may not have had a lot of insurance.
You have always been really good to me but can I ask you another question on this? Is an injury like mine or the op's worth policy limits?
I always feel like a scum bag asking something like that but I k now for myself there are always going to be treatments and I'll pretty much not ever have the use I had before of the arm/hand.I always tell the doc to be straight forward with me and not give false hope. This is the answer I get "you'll never be how you was before all we can do at this point is help manage your pain". Thanks again. I hope this also helps out the op and she stops back and lets us know how she is doing. It is really easy to let the pain and depression take over..you just have to accept things for what they are and move on.
Posted: Mon Apr 21, 2008 11:57 pm Post Subject:
Fireyone...Thanks for asking and adding to this post. I have never been involved in an auto wreck in my life and I am sooo confused. I also have so much trouble doing daily things. Sometimes I get totally frustrated and cry. I damn the person who hit me cause now I have to suffer forever. With losing work and not being able to do much like I use to I am glad this will settle soon. Whatever amount I will have to work with but I am very dicouraged at the fact that people can carry such low insurance when I don't and now I am the sucker that pays. I have always carried higher ins. cause I didn't want anyone to suffer if I hit them...I wish people would return the favor. Its not out of greed it is out of compassion if you hurt someone.
Posted: Wed Apr 23, 2008 11:20 am Post Subject:
Is an injury like mine or the op's worth policy limits?
Of course it depends on what the policy limits are...5k,10k, or a million...and will depend on the amount of med bills, any surgery, and disabilitly, future medical treatment, loss of any facets of your life (for instance if you can no longer do the job you have been doing for years and have been trained for)...so many things come into play...so to answer that question...maybe...(sorry)....I always feel like a scum bag asking something like that but I k now for myself there are always going to be treatments and I'll pretty much not ever have the use I had before of the arm/hand.
I know what you mean, but don't feel that way...you and only you know the depth of your injury and disability....so you and only you know what you are intitled to, (whether you get it or not is another question...the point I want to make is you shouldn't feel like that and in fact should feel some form of entitlement...does that make sense?)....This is the answer I get "you'll never be how you was before all we can do at this point is help manage your pain"
What are they telling you both about future treatment? The fact that you will have a life time of pain, of course will boost the settlement...It is really easy to let the pain and depression take over..you just have to accept things for what they are and move on.
you're preachin' to the choir on that one...let me tell ya'.......very dicouraged at the fact that people can carry such low insurance when I don't and now I am the sucker that pays
I understand and sympathize with this frustration....want me to make you feel a little better? I was in a moderate auto accident, while driving a company vehicle about 12 years ago...not my fault...i was going about 30 mph when hit (from 50mph saw her coming and tried to slow and get out of the way)...anyway totaled her car, about 4k in damages to the company car i was driving....anyway figured I was ok, just a little sore no biggy (always been a little too tough for my own good)....never went to the doc etc....now mind you there would've been too carriers involved...the auto policy from the old woman that hit me, and work comp.....years pass 'things' start happening....longer story short....I had three broken vert.in my back....now (as age has creeped in)...I'm a mess....nearly non-exsistant discs in my top five or six, and bone spurs etc...on the broken ones...and guess what? no way to prove the accident caused it at this late date...(I've had no other impacts so reason that's all it could've been)...and no ins. to help statutes have run...most adjusters (well me anyway) would just as soon cut off an arm than file an injury claim.....so the moral of the story is......when you are in an accident get checked including x-rays....so you see some times people suffer injuries and there is no money no where...and a life time of pain.....granted this was totally my fault (not the injury but not checking it out)....Posted: Wed Apr 23, 2008 12:18 pm Post Subject:
I am truly sorry to hear that story. Chronic pain can really take some quality of life away. Your response did cheer me up. I was feeling like a real heel over all this, especially with my anger towards that other driver. At first I felt pretty bad for her (and a little angry) cause she was visibly upset but the more my life is disrupted the anger builds. Not too mention the fact that my 11 year old was with me and I keep thinking she could have been in this situation. I am glad in that respect that it is me still suffering.
I do n ot know her insurance amounts that is why I was interested in the under insurance. I also read in a book that if you are entitled to it they deduct from it any medical already paid out.
What I hear about treatment is always the same. First they tries the stallate block and although they got some response they didn't feel it really helped with the hardness, swelling and limited use of my arm. So they started injections right into the spot (OUCH). That was a month ago. It seemed to really help because after a day I didn't have to force my hand to stay open. I could actually hold it open without too much pain. The main injury is to my forearm but it is causing tendinitis in the rest of my arm. Well I recently returned to work with a ten lbs restriction and now it feels like it is locking back up again. I can feel all the tightness and pain (there is always some discomfort no matter what they do) returning.
I have my month after injection visit today so I will see what they say but when I talked with the pain clinic last time they said If the shots work I will continue to get those until at some point I may need other treatment. I guess you cn only have so many of these shots. What I will not let them do is transplant that little device in my spine (tens unit, I think).
My job is working with me. I really don't want to pull them too far into this because we recently changed managment and there is already alot of turmoil. I figure the slip from the doc. will show them my limitations which doc doesn't feel will change.
I spoke with someone recently about my case and I guess after today they are going to get that report and pull together all the other ones to send off. After reading the OP story I really sat back and thought about all this. Tell me what you think..please. I figure I am almost drowning here with money woes (not trying to boo hoo..) and for what? They already know my limitations for the msot part, they know I will always have this RSD and treatment to manage the pain, there is no fix to this, they really can't deny it because I was sent to the biggest hosp. in our state for testing and the results were very defined that it is RSd, never had this or any of the problems before the accident and airbag.Plus atty. feels we also have enough. So why should I sit back and suffer finacially ontop of physically. We already know my auto med. isn't gonna cover forever (probaly pretty close now to amount) So I requested to get this settlement part out of the way so I can at least close one chapter of this nightmare and put it behind me and maybe take some of the finacial stress away too. Of course until it is actually all said and done I sit here with the same worries of the OP...policy amount.
Sorry this is sooo long..its just hard trying to sum it all up in a few sentences. Well I'm off to the doc...Hope to talk to you soon.
Posted: Wed Apr 23, 2008 12:23 pm Post Subject:
OOps I more thing..They can not get my records or my daughters from the chiro. I have tried and they have clled and sent letters for months now. He tells me he will take care of it and doesn't. His office has since moved to another town further away. I don't kn ow if he amybe lost them or what. He has never sent the ins. company any bills but I know he documanted everything for my daughters and my benefit. The atty says those records don't really matter with me because they have enough (whatever that means) but they are crucial for my daughters. What happens if we can't get the records?
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