 Posted: Tue Oct 13, 2009 4:55 am Post subject: Involved in a car accident - other driver found at fault |
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I am a 45yr diabetic suffering from neuropathy in my feet requires daily pain medication. I am currently receiving Long Term Benefits for this disease.
I was involved in head on collision and other driver was found to be at fault. My vehicle was a 2009 SUV which has been determined to be totalled. Balance owed to lien holder is $18K. His a 2009 car totalled as well.
After accident both drivers taken to ER. Xrays, blood work, Cat scans done on me no internal bleeding or fractures just mutiple contusions and bruised ribs. I was discharged after 8 hours. I later went to see an ortho dr for numbness, pain and swelling in my arm 3 days later and wrist xrays were taken again and dr decided to put cast on my arm.
I am confined to bed due to injuries to my ribs and suspect i will be referred to physical therapy and/or chiropratic care my questions are:
1.Since the accident my right arm goes numb and often is cold..will the ins carrier consider this a pre-existing condition? I never had the numbness or cold feeling before
2. Car rental would I be entitled to rent a SUV since that is what I have?
3. What would be a decent offer after completing all of my treatments
4.Should i get a lawyer now, later or handle it myself
5. Since I am not working and my husband had to take time off to take care of me, can i ask for compensation for this
6. We had a vacation planned and my numerous calls inquiring about a car rental were ignored for over a week so we wernt able to go, can i be compensated for this as well? |
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alizay35
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Joined: 13 Oct 2009
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| Posted: Tue Oct 13, 2009 10:51 am Post subject: |
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Good morning Alizay
I'm sorry about your accident.....
| Quote: | | 1.Since the accident my right arm goes numb and often is cold..will the ins carrier consider this a pre-existing condition? I never had the numbness or cold feeling before |
It depends mostly on the doc. reports, and what they say the cause is...
| Quote: | | 2. Car rental would I be entitled to rent a SUV since that is what I have? |
Yes, if you advise them the need of a vehicle that size...also understand they only owe you a rental (generally) for up to 72 hours after an "offer" of settlement, on a total loss..
| Quote: | | 3. What would be a decent offer after completing all of my treatments |
It again depends on the diagnosis and prognosis, type of treatment etc.
| Quote: | | 4.Should i get a lawyer now, later or handle it myself |
In most cases I'm of the opinion that most half way intelligent people can handle their own. Remembering an attorney will take a min. (in all cases and states I'm aware of) of 33.3 % of the settlement, so you'll have to get the carrier to give up a solid third more just to pay the attorney.
| Quote: | | 5. Since I am not working and my husband had to take time off to take care of me, can i ask for compensation for this |
Absolutely, make sure your doc includes in the report (that the carrier will request eventually) that you required round the clock care for "x" number of days.
| Quote: | | 6. We had a vacation planned and my numerous calls inquiring about a car rental were ignored for over a week so we wernt able to go, can i be compensated for this as well? |
Only if you actually lost any money due to this cancelation, some adjusters will allow or add a couple of hundred to the settlement for this inconvenience (if no actual damages), if you can prove it. Personally I'd be more inclined to say it was canceled because of your pain.. 
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Lori
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