Passenger in Read End Collision

by Guest » Fri Dec 07, 2012 09:20 am
Guest

I was the passenger in an accident. 2002 Dodge Stratus (ours) vs Lexus IS-200 (theirs)

The other party hit us pretty hard, we were stopped at the signal and the other party said they hit the gas instead of brake. We were pushed about 1/2 the way through the crosswalk.

Minimal damage to our car because the actual bumper was hit head on. Just needs a new bumper/cover.

The day of the accident we both went to the ER about 5 hrs later - she is a medical assistant in a small docs office (only employee other than doc) so couldn't leave till paperwork was completed for the day - its a geriatrics office so she handles sending out prescriptions/order, notes etc while the doc visits nursing homes and assisted living locations . I was supposed to be assisting at the office that day with IT upgrades.. I had hit my head against the visor/roof as Im tall (6'2), the driver hit her head against the steering wheel (short 5'4).

The driver had neck pain & back pain in the ER. Was diagnosed with a cervical fracture and whiplash. No X-Ray was taken. The adjuster is questioning the diagnosis now since there is no X-ray. I complained of headache / dizziness / lightheadedness at the ER.

The next day I woke with severe back pain and pain to my right shoulder. I took my muscle relaxers & pain killers and hoped to get better. The following day it didn't improve, just got worse so I attempted to see my PCP. Due to insurance changes I was unable to see my regular doc (new doc cant see me for 10 days) and returned to the ER. I had strong back pain (8) and shooting pain and numbness of my leg. A MRI was performed and I was diagnosed with 3 herniated discs. L3-L4, L4-L5, L5-S1 all posterior disc protrustions. I have a prior history of back pain at the same ER, last episode was 4 yrs ago. I see my doctor when needed and haven't had any back issues in the past 4 yrs.

Because of the PCP change and schedule with the new PCP I cant see him for 10 days then I will get a referral to a Ortho. I have not spoken with the adjuster yet. They have called and left a VM. I am suffering constant pain and am unable to perform my usual routine.

So now that you have the history.
My questions...

The driver has opened a claim directly with the other drivers insurance (State Farm -- we are in Southern California - OC). Her insurance is Farmers. Should she/we continue with the direct route or go through her insurance. Seems simpler to me to go direct but we don't want to get the short end of the stick.

State Farm will review the damage to her car on Monday and cut a check for their estimate. We have a trusted mechanic she will goto and have the repair performed. They said if there is additional damage it just needs to be documented and they will pay.

She has missed two days of work but can't really miss more for further doctors appointments but is still suffering back pain. Should she visit after hours care to document? Or just let it be and take what they offer for pain & suffering? She isnt the type of person to push things and just wants what she thinks is "fair". She is of the low ball type, get it over with already and doesnt like to deal with ongoing issues (the stress of the adjuster etc... )

I am currently taking Norco 10/325 every 6 hrs for the pain and Robaxin 4x a day and still in pain. I also am taking a Steroid pack. Should I wait till I see the Ortho before I speak with the adjuster? As the medication isn't sufficient should I return to the ER or a Urgent Care location in the mean time since I can't see my PCP faster?

I have been researching herniated discs and car accidents on the internet and from what I read a MRI can identify old vs new disc injuries based on color (white if fluid is still present in disc, black if not) 2 of the discs are black one is about 60% white. So as I can tell 1 of my 3 herniated discs is new. As I had been pain free for 4 yrs I am worried about my future prospects. I also dont want to spend years trying to settle this with the insurance company. Can I ask for a settlement that includes coverage of future medical expenses on my herniated discs?

When should I approach the adjuster about a settlement? After the Ortho? See what they offer now? I have a copy of all my medical records (and MRI/Xrays) for the past 10 years so I am prepared to give them the documentation.

Thanks in advance for whatever advice you can offer.

Total Comments: 1

Posted: Fri Dec 07, 2012 01:44 pm Post Subject:

You may want to see if the adjuster will tell you if their policy limits appear to be an issue. That is, they may be much lower then it appears you should be paid.

When should I approach the adjuster about a settlement?

When you fully understand what your condition is and will be and you have a _very_ good idea what your treatment will be. Usually you won't know this until you are close to being done treating. Could be 6 months... could be a year.

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