by donti32 » Fri Oct 02, 2009 04:38 pm
I was involved in a pretty big accident 5 weeks ago. I was alone in the car. The other driver was ticketed and was found to be at fault. My car suffered $19,000 in damages. The rental car was about $900. The third party spoke to me and clarified that they are 100% at fault and have payed for these repairs. I bought new car seats for $500. I was told they would reimburse me and to keep the receipts.
I was taken to the ER for neck, elbow and shoulder pain. I had two digits with numbness. The x-rays of the neck indicated a possible fracture and was later ruled out with an emergency CT of my neck. The ER diagnosis was cervical radiculopathy. I was told to follow up with my primary in a few days.
My primary physician wanted to let the inflammation cool off for 2 weeks. He prescribed muscle relaxers and anti-inflammatory medication. I was given a note to work at half my capacity for two weeks. After the 2 weeks the numbness subsided but the elbow and shoulder were bad still. The neck was just tender at the end of the day. I was told to get radiographs of the elbow and shoulder and start physical therapy 3x a week for 6 weeks. The x-rays were normal. Again I was told to work at 50% my capacity
At this point it had been a month since the accident. I still had pain in the elbow, which was diagnosed as lateral epicondylitis (tennis elbow) from the impact with the glass window. The shoulder was still bad after 2 weeks of therapy so I consulted with a orthopod. A MRI of the neck and shoulder were done. The shoulder involved a procedure to inject dye into the joint space. The results were yesterday. I have an extensively torn labrum. They want 4 weeks of additional therapy and a follow-up. If I need surgery I will be not able to work for 2 months minimum. Again I was told to work at half my capacity for 4 more weeks.
I cannot be sidelined for two months. My practice will bankrupt. Can I settle, assuming the therapy will help manage the shoulder, for future medical treatment and lost wages? I know because I asked, the 3rd party does not have minimal coverage. I have underins. coverage of 250/500. I want to get feedback and avoid a lawsuit. Lawyers are salivating over this case.
Oh by the way I work 8 hours a day and earn $230 per hour. My employer is keeping track of my lost wages. It adds up to over $5000 per week plus any lost time for therapy, doctors vists, etc. My car is taken care of. I had the car inspected and appraised. It has lost 8-10k in resale value. My doctors bills will be 15k without surgery.
I need to get better but this is starting to get overwhelming.
I was taken to the ER for neck, elbow and shoulder pain. I had two digits with numbness. The x-rays of the neck indicated a possible fracture and was later ruled out with an emergency CT of my neck. The ER diagnosis was cervical radiculopathy. I was told to follow up with my primary in a few days.
My primary physician wanted to let the inflammation cool off for 2 weeks. He prescribed muscle relaxers and anti-inflammatory medication. I was given a note to work at half my capacity for two weeks. After the 2 weeks the numbness subsided but the elbow and shoulder were bad still. The neck was just tender at the end of the day. I was told to get radiographs of the elbow and shoulder and start physical therapy 3x a week for 6 weeks. The x-rays were normal. Again I was told to work at 50% my capacity
At this point it had been a month since the accident. I still had pain in the elbow, which was diagnosed as lateral epicondylitis (tennis elbow) from the impact with the glass window. The shoulder was still bad after 2 weeks of therapy so I consulted with a orthopod. A MRI of the neck and shoulder were done. The shoulder involved a procedure to inject dye into the joint space. The results were yesterday. I have an extensively torn labrum. They want 4 weeks of additional therapy and a follow-up. If I need surgery I will be not able to work for 2 months minimum. Again I was told to work at half my capacity for 4 more weeks.
I cannot be sidelined for two months. My practice will bankrupt. Can I settle, assuming the therapy will help manage the shoulder, for future medical treatment and lost wages? I know because I asked, the 3rd party does not have minimal coverage. I have underins. coverage of 250/500. I want to get feedback and avoid a lawsuit. Lawyers are salivating over this case.
Oh by the way I work 8 hours a day and earn $230 per hour. My employer is keeping track of my lost wages. It adds up to over $5000 per week plus any lost time for therapy, doctors vists, etc. My car is taken care of. I had the car inspected and appraised. It has lost 8-10k in resale value. My doctors bills will be 15k without surgery.
I need to get better but this is starting to get overwhelming.
Posted: Thu Oct 15, 2009 09:28 pm Post Subject:
Okay, sent out the packet yesterday as stated before. The final paragraph indicated my intentions of a small claims suit as well as the name of my expert witness.
I have an adjuster to come by my work to evaluate my cars repairs. What is this? Any advice on what to do? Anyway, how can a person in the parking lot of my office check a frame for stability, and the suspension that was torn off?
comments
Posted: Fri Oct 16, 2009 06:06 am Post Subject:
Let the adjuster come and inspect. These days, all carriers have the support of the latest technology towards determining the cause or the extent of the actual damage. Once he's done, you may always seek an explanation from him.
Posted: Fri Oct 23, 2009 03:07 am Post Subject:
Inspector came and documented the repair and the condition of my auto. I will be waiting for the adjusters response.
I was talking to an old college friend who is a PI lawyer. He found it very odd that the 3rd party offered the policy limits without looking at income verification or doctors releases. He suspects a liability umbrella is being protected. Thoughts??
Posted: Mon Oct 26, 2009 11:42 pm Post Subject:
settled the dv for $7200. Not bad for no inspector or lawyer.
Posted: Tue Oct 27, 2009 10:24 am Post Subject:
Great job !
Posted: Wed Oct 28, 2009 01:52 am Post Subject:
Them offering the limits so quickly does make sense to protect an umbrella policy. Dig deeper!
Posted: Wed Oct 28, 2009 06:47 am Post Subject:
Them offering the limits so quickly does make sense to protect an umbrella policy. Dig deeper!
This could be an attempt to settle things quickly. But, I don't think it could be a real problem under circumstances when a lawsuit is filed. If the compensation awarded is more than the limits, then it's bound to pull the umbrella in.
Posted: Thu Oct 29, 2009 12:12 am Post Subject:
My UIM policy must first accept the offer. If I settle with the 3rd party and then go after my UIM, will the opportunity to go after the umbrella be over? I asked the 3rd party adjuster she said no umbrella that she knows of.
Posted: Thu Oct 29, 2009 12:44 pm Post Subject:
Your UIM carrier won't allow you to accept the limit if there in an Umbrella, they will do a thorough asset check before they allow you to accept it.
Posted: Fri Nov 20, 2009 12:51 am Post Subject:
The at fault drivers insurance has authorized the release of the policy limits. I am waiting for my insurance to allow me to accept the offer. My question is why would my insurance's med pay of $5000 place a lien on the claim. Shouldn't they go after the driver instead of my PI settlement. I have asked to have this waived and they said they will consider.
1.) How would someone negotiate with the uim carrier for additional benefits if I choose not to have surgery? I still have the injury and it has its limitations. I would like to "live with it" and avoid the 6-9 months of recovery.
2.) Are the policy limits all the moneys available or is my wife able to file because she is my wife for additional benefits?
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