Auto Accident - Injury

What is the name of your state? TEXAS

My family and I were rear ended on Easter Night on an interstate in Texas. We were stuck in traffic in a construction zone. We had been stting in traffic for over an hour when - BOOM- we were hit from behind. We happened to be towing our boat, which took the brunt of the damage. The bumper of our Suburban was damaged as well. The driver in the other car admitted to falling asleep and he hit his accelerator.

I was driving, huband and 3 kids were asleep. After the collision I was sore, but did not seek medical attention. I was a little more sore on left side shoulder. Thought pain would go away. Well, gradually pain got worse in shoulder. Ended up seeing orthopeadist last week, was given Cortizone shot in sholder. Went back this week, said I had bone spur as well as some injury to rotator cup (cuff?). Would need to have othoscoptic surgery.

Informed other insurance company of injury about 4 weeks ago and told them I was seeking medical attention. They sent me a medical release form, which I signed and sent back.

This injury is to my left side. I am right handed, I have never been to doctor except for 3 pregnancies, which have resulted in the 3 kids. I have never had any prior medical injuries or problems.

My questions, how should I proceed? Should I have the surgery and see if they are going to pay the claim? What am I entitled to? Would I be better off with an attorney or wait to see if the insurance will off fair settlement (ha Ha) What would be a fair settlement?

The insurance has already paid some of the claims on bumper, boat trailer, etc, so they have admitted fault in the accident.

PLEASE help me out with some advice.

My husband's pain in suffering over the loss of the boat is almost equal to my shoulder injury (Ha)

Thanks for your help.

[JETX]

"how should I proceed?"
*** What, if any, response have you gotten from the insurance company as to your personal injury claim?? That will largely determine your future actions.

"Should I have the surgery and see if they are going to pay the claim?"
*** See above.

"What am I entitled to?"
*** You are 'entitled' to be compensated for any damages that you received as a result of the other drivers actions.

"Would I be better off with an attorney or wait to see if the insurance will off fair settlement (ha Ha)"
*** Again, no one can answer that without knowing WHAT they have offered.

"What would be a fair settlement?"
*** Somewhere between nothing and a couple of million.
Again, we simply can't determine what is fair since none of us have an opportunity to review the facts of the case.

One problem that I foresee will be in your claim itself. Based solely on the information provided in your post, I really can't see how "The bumper of our Suburban was damaged as well" could relate to causing any serious personal injuries. As you have said, this was stopped traffic so there wasn't much chance of the driver behind you being at any appreciable speed AND your boat absorbed most if not all of the damage (force). Any remaining force would have been transferred to the bumper through the hitch (which is supported by your own post). Unless there is also significant damage to the vehicle itself, I really don't see much chance of your medical claim being specifically related to the accident.

First, thanks for looking at my post.

We were hit hard enough that it tore off the front end of his Honda. We had a huge Jolt forward, it was like - where did that come from hit, Not a little bump. The boat is totaled.

This is the time I started having a pain in my shoulder. I know I was holding on to the steering wheel and I know I was tense after being in traffic all day and all night. I have never had any type of injury in the past. There is nothing else I have done that could result in the injury to my shoulder.

The insurance so far has told me to go to the doctor and they were going to get my medical records. The orthopeadist said this injury could be the result of the accident.

Does this clear any questions? I just need advice as to what to do. A few million would be nice, however, I would just like to be compensated for this bum shoulder I now have. I'm not looking to retire because of this accident.

Thanks!

[JETX]

"Does this clear any questions?"
*** Not really. The damage that his vehicle absorbed in impacting on your boat has no relevance. The only issue will be the force of the impact that you had in the vehicle and whether it was sufficient to sustain the injuries you claim. The boat being between the two vehicles would have absorbed a huge amount of the energy involved in the accident. And any residual force would have been transferred directly through the trailer hitch to the bumper and frame.

Considering the fact that this car was behind you and stopped (presumably), I can't see how even his flooring the accelerator (on a Honda!) would have created enough energy to tranfer significant force to the passenger compartment. And that, in my opinion, is going to be the argument that the insurance company is going to make.

So, make your claim and then see what position they take. Proceed accordingly, with accepting it or seeing a personal injury attorney.

I appreciate your advice.

We will see what happens. The guy didn't come from behind. He actually cam from the right lane of traffic and then into my behind ( I was in the left lane). He is lucky that I was there (with my boat) or he would have ended up in the Southbound lanes of the interstate in a much worse accident.

I'm sure what I look like to an insurance company is someone looking for a buck. However, I have almost lost the use of my left arm, until I have this corrective surgery. I'm not trying to 'make anything' off this accident. But because of this accident, I am having problems. With three active kids, and not even being able to close my car door, it is getting to be a problem. I just want a 'fix'. If thier insurance refuses, my auto will cover this accident.

I was just looking for advice and I appreciate your opinion. Which will probably be like the lawyers on the on the 'other' insurance side.

Thanks again.

[JETX]

Yep, that is what a good attorney is supposed to do.... look at your case and try to anticipate any response or actions that the defense might use to counter your claim.

I am not saying you have no case, only a 'weak one' when looking at it with objectivity.

Originally posted by KayeM
What is the name of your state? TEXAS

My family and I were rear ended on Easter Night on an interstate in Texas. We were stuck in traffic in a construction zone. We had been stting in traffic for over an hour when - BOOM- we were hit from behind. We happened to be towing our boat, which took the brunt of the damage. The bumper of our Suburban was damaged as well. The driver in the other car admitted to falling asleep and he hit his accelerator.

I was driving, huband and 3 kids were asleep. After the collision I was sore, but did not seek medical attention. I was a little more sore on left side shoulder. Thought pain would go away. Well, gradually pain got worse in shoulder. Ended up seeing orthopeadist last week, was given Cortizone shot in sholder. Went back this week, said I had bone spur as well as some injury to rotator cup (cuff?). Would need to have othoscoptic surgery.

Informed other insurance company of injury about 4 weeks ago and told them I was seeking medical attention. They sent me a medical release form, which I signed and sent back.

This injury is to my left side. I am right handed, I have never been to doctor except for 3 pregnancies, which have resulted in the 3 kids. I have never had any prior medical injuries or problems.

My questions, how should I proceed? Should I have the surgery and see if they are going to pay the claim? What am I entitled to? Would I be better off with an attorney or wait to see if the insurance will off fair settlement (ha Ha) What would be a fair settlement?

The insurance has already paid some of the claims on bumper, boat trailer, etc, so they have admitted fault in the accident.

PLEASE help me out with some advice.

My husband's pain in suffering over the loss of the boat is almost equal to my shoulder injury (Ha)

Thanks for your help.

I agree with JETX on his oration on this little accident you've had.
1) You were stopped in traffic. (This is on your side.)
2) He was asleep at the wheel and crossed over into your lane, therefore subjecting you and your family at risk. (This is on your side.)
3) A Honda that hit a boat on a trailer taking most of the force plus you say that your family and you were in a Suburban. Tell me if I'm wrong but isn't that like comparing a tank to a jeep. A Suburban is what, a 3,4 or 5 ton vehicle. This would probably tear his bumper off, plus bend your's a little bit.
4)You did not seek medical attention that night nor did any of your family. When in doubt allways be checked out immediately, because you may have some internal injuries that you think are just soreness. Always get documentation of any kind of injury that same day. Since you had the arm extended outward holding onto the steering wheel, yes I could see some stretched muscles ligiment's and tendon's. But you don't want to have surgery because you think it will net you a bigger sum. Get some more second opinion's, not of list the insurance or the doctor you are seeing now will tell you to go see but someone you pick.

Originally posted by cwebster

5) This doctor might have dollar sign's in his eyes since you've walked through his door.
6) Because they have paid claim's onthe bumper, trailer etc., doesnt mean that they admit anything except they agree with thier driver that he did the damage to the boat,trailer and bumper of your tank.
7) Approx: Accident happened 5 week's ago and he want to do surgery. (HAHAHAHAHAHAHAHA)
8) Don't waste you time retaining an attorney because in the end you won't see shat they'll take it from you in all sort's of way's withouit you knowing it. They will require 1/3rd to 1/2 of all that is recovered for you if any if you and their team can prove the injury appened as aresult of the accident. You can do it yourself with the research and will it will take. Whatever monies they recover for you isn't going to be that much anyway considering what you've told us.
9) All I've read is how much compensation I can get out of the insurance co. Pain & suffering, How much?

[JETX]

And why did you feel compelled to make your post on the thread that has already been 'dead' for about 3 weeks...... thereby reviving it???