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Old 02-07-2001, 09:49 AM
lucien gentile
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In 1992 i was in a car accident. I had several injuries to my neck, back and arm. I went through therapies and in 1993 I was prety much done. In Oct of 1999 I started going back to therapy and seeing a physical medicine Dr. My wfe of less than one year felt I should so that I could be more active. I just delt with the residual effects all these years. aches and pains heere and there. In Jan of 2000 I was rear ended in Tampa Florida while I was on business. I live in VA. we were stopping at a stop light and the vehicle behind us hit us smack dab in the middle of the back. I felt the pain in my neck and lower back. I had to fly home a couple of days later and went to see my Dr to complain of the pains I was feeling in my neck and lower back. This started a trend of me having to go to PT all the time when I am not traveling. Seeing my physical medicine Dr at least once a month or 6 weeks I have injection series for my neck that was every week for 4 weeks. I did that twice . I have gone to Pain managemtn to hva lower back denervations done(burning the nerve ending of the spinal cord) This monday I will be having it done to my neck. I take Vioxx which my insurance won't pay. I take Trileptal an anti seizure medication to calm down the nerve impulses in my neck to head because I get a lot of headaches. My Dr wrote a letter to the insurance company stating in the last paragrapg..."I believe that the findings on the MRI on the sided disk protrusion with the radial tear at the L5/S1 could be contributed to by both the accident and degenerative changes. Given his heightend pain following the accident, however, this would certainly be consistent with an annular tear. None the less I believe him to have returned back to his baseline as of 6/26/00.".
My issue is this..I have had a prvious accident. But in it was not until Jan after tha accident that I have had to go for over a year and continue this day to get treatments for my neck and lower back. I have not been going to the Dr. to trat my T8,9,10 compression fractures of 1992 I have been focusing on my neck and lower back where all the pain.

Th insurance of the driver only had 10k on the policy and they are willing to settle for the entire amount. The insurance of the driver I was with will pay 8K PIP and 5k for underinsured.

The insurance is saying that because of the previous accident this is all they will pay. I had not gone to see anyone for 7 years I started therapy to help with the aches and pain to get me on the right track. Now I continue to have to take drugs that affect my mental and have to go to pain management clinics to deal with the pains whic starte up in 2000.

The insurance asks ,"welll wghat do I think I should get" I am not sure, but I do know I have not gone to this extreme of treatment in 92.

So what should I ask for?
What should I do?
  #2  
Old 02-07-2001, 04:08 PM
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You wrote alot but were not clear on the most important part. So, I am guessing that you are concerned with the settlement on the underinsured motorist (UIM). Just as a side note, the PIP is NOT a settlement. Max PIP in Florida for an out-of-state passanger is 80% of your medical bills up to 10K. They should not have applied any deductable to the PIP. Ask them for a copy of the "payout sheet". As for the UIM, they feel that you agrevated a pre-existing condition and are now at the point you were prior to the loss. I only gather this from the MRI findings you quoted. If the max UIM is only 10K, then it may not be worth it to get an attorney. You may want to have your doctor submit a report that explains and separates the two injuries. This could cause them to offer more. If the UIM limits are higher than 10K, you may want to consult a personal injury attorney. Most have free consultations.
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