Question:
On my way back from work on my lunch break, I was stopped at a red light, and someone rear-ended me. She was going about 30mph. She said she looked back to check on her baby and did not see a line of cars waiting for the light to turn. I was taken to the hospital and have a neck and back injury. the doctor told me to not go to work for 3-5 days and that the pain will get worse. I am taking Percocet and Valium for pain and muscle spasms. I would like to know what my rights are, being that I am out of work, will need follow up care, medications, and overall in a lot of pain. No one from my insurance company will be in until Monday.
Answers:
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The decision to hire is lawyer is yours and yours alone but beware...they add NO VALUE to any claim you present and they take a HUGE chunk of your settlement. If you do hire a lawyer just know they are only out for their interests and not yours...they'll tell you what doctors to go to, they'll tell you what treatment you need--which is a COMPLETE violation of several moral & ethically standards lawyers must abide. They are lawyers, not doctors...do you really want to get your medical advice from a lawyer or would you rather get your medical advice from your primary care physician??Finally, someone else mentioned that hiring a lawyer can get you lost wages...W R O N G. You have to make a claim for that as well and you have to have a disability slip & records from your employer showing the days you were absent and what your hourly wage is in addition to the days you are scheduled to work and if you work full or part time.
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Soft tissue injuries which is what you have heal on their own within 6-8 weeks without treatment. Your ER doc told you this I'm sure and I'm sure it's in your discharge papers. If you seek treatment, make sure your primary care doctor is involved and know your recovery time will shorten from the 6-8 weeks. If you go to a DC or PT and you aren't feeling better within a few weeks, switch doctors...they obviously aren't helping you.
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The persons insurance company will compensate you for reasonable & necessary medical treatment and pain & suffereing. They do not pay your bills, you incur all costs for treament & when you're done you turn your bills & records over to them for settlement. There has to be a mechanism for injury & a pain generator thoroughly documented in the records and if your pain generator isn't consistent with your injuries from this accident -- they don't owe you for that. For example, if an MRI reveals a disc bulge at C5 but your pain is in your lower back.the disc bulge at C5 isn't related to the loss. You would have to have radiating pain to your extremities in order for the bulge to be related, and even then, you don't get bulges from minor impacts, but you can get them through degenerative processes.
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It is possible that her insurance will be liable for all your bills and even your missed wages. Monday isn't that far away be patient.Can you contest kansas speeding tickets by mail?
Don't make any statements to the other carrier at ALL!! If they call, hang up or tell them to contact your attorney! DO NOT TALK TO THEM! They will try and trick you into all kinds of things to benefit their position! No matter what, only your attorney should have contact with them! You only have to speak and cooperate with your OWN insurance company!Don't let them convince you otherwise or you will be SCREWED!!!!
All insurance companies have an 800 number to contact in the event of an accident. You should be calling that number-not your agent! These things have certain deadlines and if not met, the carrier pays nothing!
If you need an attorney, your insurance carrier will supply you with one. Report this on Monday and let them handle it for you. You will probably have to wait until all your treatment is finished and the doctor releases you before you can settle with the insurance. Keep track of everything, and don't make any statements to anyone except your insurance company.
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Yikes bad bad answers. To be honest, im not sure the exact way Washington works but in general. The at fault party WILL owe you for medical bills and lost wages. But dont you think your getting a little greedy to right away a day later be thinking you are owed something beyond that for "pain and suffering?" Dont you wonder why your car insurance rate is so high? IN general.. nothing is owed beyond medicals and lost wages unless you are permenantly injured. you have no idea if you are yet... why be so greedy right away? Yes, an accident sucks.. but you aren't just "owed" money for your inconvenience.HELP! Accused of motoring accident when car was off the road - HELP!?
Talk to the at fault parties insurance monday (there is no reason not to.. they rearended you.. you wont be at fault) dont get an attorney unless you feel they are being unreasonable (and not giving you thousands of dollars is NOT unreasonable) and just be a good person and only take what you are owed. This is not the lottery.
I'd probably get a lawyer, since insurance companies are so tight-fisted with money.
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Turn on the TV and you'll see plenty of commercials for lawyers, or let your fingers do the walking.
The other driver was clearly at fault since she wasn't paying attention.
Get a lawyer if you want but expect to pay him/her/it at least 40% of your settlement. Don't be fooled by those late night TV lawyers that claim they can get you double what the insurance company offers. This is pure bull. There isn't an insurer out there that is afraid of some scum-sucking vomit eater lawyer that has to advertise on TV to pay for his Benz and cocain habit. Contact your company ASAP (they all have 24 hour claim reporting) and pray the other person has a good insurance company like State Farm or USAA. A company with well established claims practices has no interest in shorting you out of anything they owe -- on the other hand, they don't react well to someone trying to yank their chain. Listen to their offer -- it is always negotiatable -- and keep a cool head when working with adjusters. You can always lawyer-up if you are truly being shafted.
I know exactly what you are going through. I too was rear-ended and have permanent damage. I have not settled with the insurance company yet and it has been 4 years.
I am assuming that you have insurance on your car. Your insurance should cover all of your medical bills. Did the person that hit you have insurance? If so, you have 3 years to settle the case. If not, you have 6 years.
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I hired a lawyer for my most recent accident because the stress was too much. I would reccommend getting a lawyer because they can get all of your medical records and send a packet to the insurance company all about your case and you don't have to do any work. Now most lawyers charge 33% of whatever your winnings are. That means that when you look for a lawyer, look for one that says if he doesn't win you he gets nothing and you don't have to pay anything at all.
I would also reccommend asking your doctor about getting into physical therapy, this is very helpful. If you find that you are not getting better, you need a doctor to tell the insurance company that you are as good as you will get. Remember, when you sign off and settle the case, you can not do anything if something comes up later.
Also, a lawyer can help you get paid for time lost from work. And in an insurance settlement, you are automatically paid for pain and suffering when there is bodily injury. But a lawyer can help you get what you deserve. The insurance company is going to try to give you as little as possible.
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Hope everything works out for you and you don't end up with chronic pain like me!
1st thing you should have done is call a lawyer,,,dont waste time the longer you wait the less severe it will become to her and your insurance companies(and pray she isnt using same company you are)
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