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 Posted: Tue Dec 30, 2008 6:44 am Post subject: Rear-ended and suing for medical and pain & suffering |
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In August of 2007 I was rear-ended as I was sitting at a stop sign while traveling out of state in New Hampshire and the guy's insurance company acknowledged responsibility by paying for the damages to my vehicle. I didn't realize until the following months that I sustained multiple cervical injuries that will require surgery as well as various other issues like Peripheral Neuropathy, Myofascial Pain Syndrome and Costochronditis. We're suing the guy who hit me for medical as well as pain and suffering etc. My injuries are permanent, there will be scars and lifetime difficulties including physical restrictions, nerve damage into my arms & hands causing a probable loss of work capacity, headaches, anxiety attacks and aggravation of a pre-existing lumbar issue causing accelerated disc deterioration.
You read often about these million and multi-million dollar accident payouts for similar instances that are paid by the insurance companies to settle these claims. If it's intended that the average victim is only to collect based on the coverage limits of the insurance policy, how are these large settlements possible?
Thanks,
Matt |
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MattH
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| Posted: Tue Dec 30, 2008 11:47 am Post subject: |
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You haven't realized for quite sometime that you have suffered injuries during the accident!! Isn't it something very unusual? I think in case of soft tissue damages you may not realize the injuries at the time of the incident, but these injuries are sounding pretty severe to me.
Why are you suing the other driver? Have you been made an offer by the other driver's insurer? What is the total worth of the injuries determined by the other guy's insurer?
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carda mom
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| Posted: Tue Dec 30, 2008 2:58 pm Post subject: |
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You only hear about court judgments, not settlements outside of court. You also don't hear about what was actually collected.
But usually these cases involve companies as the defendants. They usually have million dollar commercial policies and also million dollar umbrella policies. These are the lowest limits. Larger companies have multi-million dollar policies are are/can be self insured. |
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tcope
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| Posted: Tue Dec 30, 2008 3:09 pm Post subject: |
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| Quote: | If it's intended that the average victim is only to collect based on the coverage limits of the insurance policy, how are these large settlements possible?
Thanks,
Matt |
Those are as Tcope mentioned typcially large companys, let me ask you this, what is YOUR bodily injury limit? Bet it's not in the multi millions either...most folks don't have that kind of asset to protect...highest you usually see is about 100/300k...so the only way you will get more than the at fault party's policy limit is if you have UIMBI on your policy and/or the at fault party is a wealthy individual....a judgement is one thing COLLECTING on that judgement is something all together different...and unfortunately your attorney will get their third regardless...it really sucks I know and agree, but as I said what are your limits? we just don't think of carrying that high a limit as an individual.
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Lori
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| Posted: Tue Dec 30, 2008 3:41 pm Post subject: |
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Thanks for responding Carda Mom.
I began experiencing some problems within 2 days of the accident but was still on the road traveling for another 2 weeks. At the time, I attributed these issues to the adrenal/thyroid problems that I had been undergoing tests for as well as the exhaustive traveling, driving cross country. Upon returning from my trip I visited my doctor with complaints of neck and arm pain. X-rays were taken which showed nothing, which is not unusual, and it was suggested I have an MRI although there didn't seem to be any urgency. I continued my regular work schedule including more traveling over the next 6 weeks still not considering that I might have suffered an MVA injury. In November '07 I had an MRI which showed the multiple cervical disc herniation with annular tear. Visits to a neurosurgeon, therapy, a myelogram all confirmed this and was then determined to be MVA related. Since I was still being treated for adrenal/thyroid issues I was not allowed to have any steroid treatments. I've been denied some medical attention because it is an MVA injury and with the extent of the injuries, neurosurgeons and orthopedists here in the states can not perform the necessary multi-level disc replacement surgery only to fuse 40% of my neck. With that, I am making plans to travel to Germany where they have been performing these disc replacements for more than 2 decades using parts manufactured here in Sunnyvale, California. That will be an out of pocket expense for me of roughly 50k.
I'm suing to recover medical expenses as well as pain & suffering. The other insurance carrier offered me $600 the beginning of this year prior to my filing the claim. I've not heard from them since nor have they paid towards any medical expenses. The other guy's attorney does not believe I sustained any injuries in the accident. As I have yet to have the needed surgeries there has been no worth determined by either side despite the supporting documentation of the extent of damage both physical and psychological. |
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MattH
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| Posted: Wed Dec 31, 2008 12:16 pm Post subject: |
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Matt, are you saying they offered you 600 dollars? and there has been zero contact with the carrier since? Surely your attorney has sent them a rep letter, and maybe a demand? How much damage did your vehicle have (in dollars and cents) and what is the statute of limitations in your state?
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Lori
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| Posted: Mon Jan 19, 2009 7:24 pm Post subject: |
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Lori,
I apologize for so much time to reply. I've been dealing with multiple cervical epidurals and the other physical problems that this has caused in addition to what I was already undergoing.
The other insurance company gave me a check the next day for my vehicle damages. Their $600 offer a year ago was to settle medical and pain & suffering on their first attempt to get me to sign-off. It was shortly after that in which I engaged counsel to represent me and the other insurance company discontinued contact with me. We have filed suit for medical as well as pain & suffering. Unfortunately, in New Hampshire there are very low minimums that are required by the state (liability 25/50) and my impression of the young man who hit me is that he is not of the means to pay what the value is believed to be worth, considering that I must have multiple cervical disc replacement and have suffered thru the many other issues I mentioned in my original post. My underinsured is 25/50 so I won't get much from that either especially after counsel gets his 1/3 and my health insurance takes what they've paid. The court date has been set for December of this year.
When suing my auto insurance for the underinsured, do I get the 25 or the 50 portion of the coverage. Also, I've heard of people who, because they have multiple vehicles on the same policy, they can sue their insurance to get the underinsured values for both vehicles. Can that really happen?
Any thoughts on that? |
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MattH
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| Posted: Mon Jan 19, 2009 11:41 pm Post subject: |
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| You will get the 25 portion. It is 25,000 for an individual and up to 50,000 if more people are involved. Kind of going through a somilair situation myself. Now if you covereaged is "stacked" you will be able to use the other vehicles policies. If you insurance policy is "unstacked" then you only have access to the 25,000. Look on your policy..it will say "stacked" or "unstacked". |
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fireyone
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| Posted: Tue Jan 20, 2009 1:53 am Post subject: |
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| Quote: | | When suing my auto insurance for the underinsured, |
You shouldn't have to 'sue' them Matt, if the other carrier pays their policy limits, your carrier may offer up their limits as well since your limits are low... | Quote: | | do I get the 25 or the 50 portion of the coverage. Also, I've heard of people who, because they have multiple vehicles on the same policy, they can sue their insurance to get the underinsured values for both vehicles. Can that really happen? Any thoughts on that? |
As Fire said you would only be entitled to the 25k it's 25k per person (max) and 50k per accident (max) if your state allows 'stacking' of UIM coverages, then you would potentially have limits of 50k if you have two vehicles or 75k if you have three, etc...your atty should know immediately off the top of his/her head if stacking in your state is allowed...in some states stacking in an option you must chose (and pay for...but i think that's only one or two states) in others it's a matter of law and it's either allowed or not.
Why are you 'sueing' anyone? Are they not attempting to settle or negotiate with your atty? If not what is 'the' issue? They still don't think you were injured in the accident or not injured as much as you claim? What is their beef? | Quote: | | the other insurance company discontinued contact with me |
You understand they HAVE to discontinue ANY contact with you after they receive an attorney rep letter right? It even says that in the letter...so they aren't being ugly by no contact with you they have no choice...(just wanted to make sure you knew that)...
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Lori
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| Posted: Tue Jan 20, 2009 5:26 am Post subject: |
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| Quote: | | You understand they HAVE to discontinue ANY contact with you after they receive an attorney rep letter right? It even says that in the letter...so they aren't being ugly by no contact with you they have no choice...(just wanted to make sure you knew that)... |
I think that is the reason why you haven't heard anything from the insurance company afterward.
I'd like to know what your attorney has to say in this matter. Doesn't he know why its been taking so long to settle the claim? towards what the other insurance company has offered $600? Also, what was the total worth of the property damage claim? have you settled it already?
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anonymous 12
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| Posted: Tue Jan 20, 2009 1:40 pm Post subject: |
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| Matt, your atty should have let you know in as soon as you hired them that all contact with the other insurance compnay needs to go through them after that. Also I have learned from experience that sometimes you need to continually call your atty and make them give you answers to your questions. If you do not feel they are expalining things to you or keeping you updated to your case you need to tell them this. |
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fireyone
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| Posted: Sun Feb 08, 2009 12:55 pm Post subject: your car accident in Aug. of 07 |
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Hi Mark
I would love to hear the reply's to your question concerning your accident.
I too have the same question. My father in law was in an accident and the other party and their insurance company took full responsability. He was in ICU for 3 months and had over 20 sergurys. Needless to say he will have a lifetime of issues due to the car accident. He just settled his law suit 2 years after for a mear $500,000. What is up? I too wonder where these multi million law suits happen. Please let me know.
Thanks
Dee
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cdee
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| Posted: Tue Nov 03, 2009 7:51 pm Post subject: |
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If the policy says that it carries 25000 up to a max of 50000 it means 25000 per person and 50000 max per accident
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Brenna
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