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  1. #1
    LoveHate08 is offline Junior Member
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    Cabbie claiming injury from light bump, help

    What is the name of your state? FL

    Bumped a cab from behind at a light and cabbie is claiming injury (even though he was walking around waving his arms in front of police, guess it's a neck ache that came up days later) Ok, so a typical tissue damage claim - no big deal. However...

    We got a certified letter from our car insurance co. stating "The bodily injury damage could exceed your policy limits" and so on, saying we can hire a lawyer to deal with the money beyond what they cover!

    Does this letter get sent to everyone, no matter what? Are they required to notify everyone just in CASE the dollar amount goes higher, no matter how small the accident?

    There is no way a light bump w almost no damage to both cars is anything more than a few minor pains, if that. Funny, the cabbie was saying "I have 4 kids to feed" over and over at the scene...What is the name of your state?
  2. #2
    justalayman is offline Senior Member
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    I hate to burst your bubble but my wife was in an accident that actually caused no damage to the vehicles. It was a very light bump from behind. It's been quite a few years now but in between there have been about 8 surgeries and she now has an artificial shoulder.

    It can take less action to cause severe damage than you could ever imagine.
  3. #3
    ecmst12 is offline Senior Member
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    Try calling your insurance company and ask them what's going on. FL is a no fault state and they can't claim on your insurance unless they can prove serious and permanent injury.
  4. #4
    las365 is offline Senior Member
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    We got a certified letter from our car insurance co. stating "The bodily injury damage could exceed your policy limits" and so on, saying we can hire a lawyer to deal with the money beyond what they cover!

    Does this letter get sent to everyone, no matter what? Are they required to notify everyone just in CASE the dollar amount goes higher, no matter how small the accident?
    The short answer to this question is, "Yes." Your insurance carrier is advising you of your right to hire your own attorney, even though pursant to the terms of your policy, they will provide one for you at no cost to you.
  5. #5
    LoveHate08 is offline Junior Member
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    Ok, good, just hoped that didn't mean it WAS over 10k, and just meant it could be .

    Just - did she feel pain later on, or was it immediate? I realize some pain can show up later, but if you're running around and waving your arms for a good half an hour - plus not ever going to the hosp...

    Our ins. guy said it looked like it was just the typical 'tissue damage' claim, (aka my neck hurts) but he had to investigate further and request documents - could take up to 4 months. Also that they had years to make further claims....

    Maybe it was just that 'I have 4 kids to feed" comment that got to me, its not like this was intentional, I was in tears and clearly felt horrible! There's no need to say things like that, it's clear we had ins. and would be paying - plus w/ cabbies there are so many scuffs and bumps already we would prob be paying for more than our share. What does his having 4 kids have to do with it...
  6. #6
    las365 is offline Senior Member
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    Maybe it was just that 'I have 4 kids to feed" comment that got to me, its not like this was intentional, I was in tears and clearly felt horrible!
    Think of it this way: the number of children he has has no more to do with whether and how severely he was injured than whether or not you felt bad about causing the accident. I'm not saying that to be mean; it's just that both are irrelevant.

    Try to relax, let your insurance company handle it.

    By the way, if you can afford it, increase your policy limits to more than $10K. It's too late for it to be effective for this accident, but just in case you should have another one... these days it is very, very easy for medical expenses to exceed $10K even for injuries that are not thought of as serious. Diagnostic tests alone can cost thousands of dollars each.
    Last edited by las365; 04-27-2008 at 12:06 PM.
  7. #7
    justalayman is offline Senior Member
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    Just - did she feel pain later on, or was it immediate? I realize some pain can show up later, but if you're running around and waving your arms for a good half an hour - plus not ever going to the hosp...
    accident was late afternoon. She was stopped at a stop sign, so was the guy behind her. He was really an idiot. His testimony was that he believed she had car problems and a slight puch would somehow help her threw the intersection. We believe that that puch end the stop caused her to lean back in her seat and then when she stopped, she fell forward as the seatbelt locked and due to the position it was in, damaged her shoulder.

    That day, other that typical excitedness caused by such an incident, she was fine. Next day, she felt a bit stiff but nothing unexpected from such a situation where one would tense up and recieve a good shove. I told her to go to doc just to be sure. He dx's minor whiplash. Rx's muscle relaxers and some moderate pain meds.

    Increasingly over the next 6 weeks or so, she began to complain of pain travelling further and further down her arm and moving her arm, which seemed fine immediately after the accident (yes, she would have been able to wave it around in the air), became painful.

    After visits to several doc's (MRI, EMG, bone scan, X-ray and I don't know what else) PCP said all reports showed no injury and recommended consulting a pain management specialist at one of the university hospitals (we have 3 within about 150 miles of our home). Called up one and they said sure but we want you to see our ortho (shoulder, arm, and hand specialist) first to verify lack of Dx. First visit, brought all Dx materials/tests from home. Looked at the MRI and said," is this the only one you have? It is so poor, I can;t tell anything for sure BUT I do see a suspect situation" and pointed it out. He sent us to get new MRI. Stll unable to Dx from this. Suggested exporatory surgery of shoulder joint.

    immediately after the surgery, doc came out and spoke to me. Showed me pics of the bursa floating about within the joint and raw bone spots (that would be very painful) Also explained that the complaint of can't move her arm that was dismissed by the doctors back home was justified. When he attemtpted to lift her arm, it was impossible to lift above about 25º. He explained how he continued to lift the arm which resulted in a quite loud "pop" as the scar tissue that had deveolped was intentionally torn (it has less tendancy to re-heal to itlsef this way as opposed to a surgical dissection where the clean cut tends to heal back to itself). It took 2 more such "pops" to allow him to lift her arm all the way up. So, as he explained, there was obviously damage to the shoulder inititally and the docs back home missed it.

    well, she tends to either not heal or over heal and ended up with a frozen shoulder several more times until it finally took. Problem was, by that time, all the messing around caused arthritis in the joint and now that was painful and she refused to move it to avoid the pain.

    end result; she got a new shoulder. Pain free for the several years since that surgery.


    So, yes, a minor accident can cause injury much greater than one would believe.
    Last edited by justalayman; 04-27-2008 at 12:06 PM.
  8. #8
    ecmst12 is offline Senior Member
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    $10k is the minimum PIP coverage in FL. OP can't increase someone ELSE'S PIP coverage above the minimum!
  9. #9
    las365 is offline Senior Member
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    Of course you can't increase someone else's policy limits.
    Here is what I was talking about. OP said:
    We got a certified letter from our car insurance co. stating "The bodily injury damage could exceed your policy limits"
    and
    Ok, good, just hoped that didn't mean it WAS over 10k, and just meant it could be .
    Which I took to mean that her liabiltiy limit is $10K. Which is what I suggested she increase.

    For some reason, I thought the Florida "No Fault" law had gone by the wayside.
  10. #10
    ecmst12 is offline Senior Member
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    It did, for about 10 days. Then it came back.
  11. #11
    LoveHate08 is offline Junior Member
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    he believed she had car problems and a slight puch would somehow help her threw the intersection

    That is the most insane thing I have ever heard, how on earth could someone be that ridiculous! Was it really a "slight push"?

    It's been about 5 weeks and he has yet to submit any medical documentation & we believe he's been working throughout - not that it couldn't change, but I just want it to be honest and not BS. Do most cabbies get lawyers from their cab co automatically or are they required to hire on their own?

    I was just explaining that my anxiety was increased by his 4 kids comment, might or might not mean something but was just uncalled for. It did affect how badly we felt, but obv wouldn't affect his injury, possibly just how he chooses to proceed. I know if it was the other way around, I would never make a comment like that He was quite rude, I realize any situation is upsetting, but with no damage and very upset/apologetic people in the other car, acting that way isn't necessary. The claims aren't going to go any differently.
  12. #12
    justalayman is offline Senior Member
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    he believed she had car problems and a slight puch would somehow help her threw the intersection

    That is the most insane thing I have ever heard, how on earth could someone be that ridiculous! Was it really a "slight push"?
    yes, it was actually a very light push and I still am amazed at how rediculous this guy sounded when he said this, on the witness stand. It actually get a lot better than that even. This guys testimony is near unbelievable. If I hadn't heard it first hand, I would doubt its authenticity.

    Bottom line, the best you can do is step back, take a few deep breaths and wait to see what is going to happen. There is absolutely nothing you can do at this point. Just do not speak with anyody about this, INCLUDING the other guys insurance compnay without first contacting your insurance company or attorney, ifyou have one.

    Now mind you, my wifes situation is an extreme expample of what could happen. It is not typical. I only posted it in response to you initial statement.
  13. #13
    LoveHate08 is offline Junior Member
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    update...

    Long overdue update!

    Cabbie could not describe the person driving + case was dropped! Phew...

    3 weeks before the time period was up, the cab co. filed for 11k and made some ridiculous claims - severe permanent damage etc. (Which if true, would have been a LOT more than 11k!) Funny it just happens to always be the max payout amount

    Our ins. co paid immediately and amazingly our rate didn't increase.
    Last edited by LoveHate08; 01-19-2010 at 07:38 PM.
  14. #14
    ecmst12 is offline Senior Member
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    Your rates still may increase at your next renewal...
  15. #15
    tammy8 is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    Your rates still may increase at your next renewal...
    Exactly and PLEASE go higher on your limits. Not sure of the % of rate increase but upping your limits is usually JUST A COUPLE OF DOLLARS A MONTH!!!!

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