Ins company won't cover med bills/ pain and suffering

[barbizon]

What is the name of your state? What is the name of your state? What is the name of your state?

I live in North Carolina. I was involved in a 3 car crash May of this year. The woman who caused the crash said she was at fault.

Her Ins co said for me to get what ever medical I needed. I went to a chiropractor for 3 1/2 months (45 visits). The injuries were upper back, neck, mid to lower back..muscle/sciaticia/nerve compression/whip lash..arms..chest...

My own MD agreed that chiro would be beneficial..he even stated for me to go as long as necessary (had an RX for it..plus he even wrote to the Ins Co stating this)...her ins co doesn't care what my MD had to say...it doesn't matter to them.

My car was totaled, lost 11 days TOTAL of work, had to use all of my sick leave at work. My total medical bills/lost pay came to 7495. (We had agreed on the car loss already...)

The womans Ins Co will only give $7500.00. That would reimburse me for what I paid out..but woudl not include pain and suffering..well..$17.00 would be that!

Her Ins Co says that 45 visits to a chiropractor was extensive and ANY NC jury would agree with them. They said they would only pay 1 month of it. Meaning I owe my chiro over $2000 more!

Her Ins co says for me to look at it this way...what they offered up to the 1 month of chiro..the rest would be my pain and suffering.

The thing is..this case is "not exciting" for a lawyer. They would not make enough to take my case.

I am not willing to settle and am sticking to my guns for her ins co to pay more than $7500. they are not being fair.

In NC..how do I go to court myself?

What do I have to do incourt?

I will be alone in this..willing to stick up for what is right.

I am not milking the system..just want whats due to me.

thanks..hope I can get some advice.

Barbizon

 

[veriria]

er

I'm not a lawyerl; hell, I'm even asking for advice in these forums as well. My best advice would be to retain a lawyer though! If its not your fault your lawyer will be able to get you fair compensation.

Insurence companies claims adjusters are trained to try and wear you down psychologically; their job is to pay out the minimal amount of money that they are allowed to - and if you are not a lawyer you probably don't have the know-how on how to get a fair amount of money for damages, pain and suffering, and so on. I tried that at first, and in my first accident they only offered me $1700 on the first phone call - that equals 1100 for the totalled car (it was older) and 600 for their interpretation of pain and suffering and all losses put together (I lost a job because of this accident and lost my way to work until my boyfriend got me a job at his work which he can drive me to and from easily).

Needless to say, I laughed at the lady over the phone and told her to prepare because I'm hiring a lawyer, and I think its the best thing to do in your case too because you have more than triple the amount of bills that I do. Just some friendly advice!

 

[barbizon]

Hello Veriria!

Thank you for your reply.

The thing is, so far two lawyers turned me down..not enough $$ in it for them to take on my case. After the holidays, I am going to call more lawyers, but so far I struck out twice.

Are you in NC? Who took on your case? What resulted?

Again, Thanks!

 

[veriria]

^_^

What is the name of your state? I live in Indiana, very close to Chicago, Illinois, in fact. I had to call a few lawyers too, before I found my lawyer. And actually, one of my friends recommended me to him. Just keep looking, and ask your friends and family if they can recommend a lawyer. I'm sure if they don't know one personally, they will know of someone who had a lawyer they can ask them about.

My lawyer took on my two cases after I called about 10 others (blindly, from the phone book I might add ^,^). If you do a search online for how to hire a lawyer you'll find some great info on how to hire the right one with questions to ask them on their practice and so forth. Or you can call the Bar Association to give you a list of lawyers in your state.

You would want to find a lawyer I'm guessing that can be paid on a contingency basis. My lawyer is charging me 33 1/3% of whatever I am awarded in both of my suits, and I do not have any up front costs (all other costs are paid after all is said and done). That may seem like a lot, but you have to remember they are going to be doing most/all of the work for you, and they will get you what you deserve. I still think its a hell of a lot as well, but whatever I am awarded by both cases is far more money than I have now.

Just a little info, my first accident was pretty clean cut, I was rear ended by an older gentleman driving with bald tires after it had just rained - though my car was totalled (93 ford escort). Found out the man has had two DUI's in the past two years but no one gave him a breathalizer or anything like that. My second accident, however, I was side struck by a drunken driver (bac was .28, lovely eh? Still wondering how he actually managed to drive it in the first placec) in my mom's new 2002 dodge neon Very bad stroke of luck on my part, each occured in less than two months - blah!

Best of luck in finding a lawyer, I'm sure you will find a great one ^_^

 

[barbizon]

I imagine you had medical bills...how is your lawyer handeling that? Gong for all paid? Were you in Phys Therp/Chiro?

What info I got from from the internet, they say figure 1 - 5 x your total med bills = pain/suffering. I am asking for 3%...plus ALL my bills covered.

Wow! 10 calls on your part..sounds like you were in the same ball park as I..certain lawyers just don't want to 'waste their time' on something as trivial as our cases! Well..you did give me some hope that maybe SOMEONE good out there will help me...us little people.

We have a friend who took on Ins Co's himself..would love to 'hire him'! He and his wife had quite a few accidents (none their fault)...never hired lawyers...they did well and were very satisfied with what they settled for. Lucky I guess!

I am pretty stubborn, that is a good thing I think!

 

[veriria]

My medical bills weren't that bad, first accident was maybe 750, the second accident was about 1500 to maybe 2000 - but that is because I had to go to two hospitols - the second accident I was taken to a hospitol where they REFUSED to give me xrays even though I repeatedly said I wanted them, insurence would pay for them, and I just had whiplash not a month and a half before.

My lawyer is definately going to get each insurence company to pay the total medical bills, and not that I"m thinking this is like winning the lottery or anything but I hope I do get a goodly amount because like i said anything is more than I have now. No I wasn't in any therapy, I could probably use it but I need to work, you know what I mean.

My boyfriend also wants to sue both persons...He wants to sue for lost sexual pleasure...lol I know it sounds very strange (and perhaps gross but its NOT what I am going for here) but my sex drive has been pretty much non existant since the first accident. Maybe I could sue for that too? lol

But yeah good luck finding a lawyer! Or your friend, if he's not a lawyer and went up against insurence companies all himself, he's got some good advice for you, at least i'm guessing ^_^

 

[missy1234]

REPLY TO BARBARA

DO NOT KNOW MUCH ABOUT THE NC LAW, BUT CHECK WITH YOUR AUTO INSURANCE COMPANY AND SEE IF YOU HAVE MED-PAY COVERAGE. IF SO AND APPLICABLE TO NC LAW, YOU CAN FILE A MED-PAY CLAIM WITH YOUR INSURANCE COMPANY AND HAVE THEM PAY YOUR MEDICAL BILLS. THEY WILL IN TERM GO AND FILE A CLAIM AGAINST THE OTHER PARTY INSURANCE COMPANY AND RECOVER THEIR MONEY BACK. ALSO, IN THE STATE OF VA, YOU CAN DOUBLE DIP IF YOU HAVE MED-PAY COVERAGE. DOUBLE DIP IS WHERE YOUR INSURANCE COMPANY AND THE AT FAULT INSURANCE COMPANY WILL BOTH PAY YOU FOR YOUR MEDICAL BILLS. CERTAIN RULES APPLY HERE SO CHECK WITH YOUR INSURANCE COMPANY FOR DETAILS AND YOUR INSURANCE LAW. I KNOW ABOUT THIS PERSONALLY BECAUSE I DID RESEARCH AND WHEN I ASKED MY INSURANCE COMPANY ABOUT THIS, THEY TOLD ME WHAT I NEEDED TO DO. I AM ALSO HANDLING MY PERSONAL INJURY CASE, BECAUSE I WAS TOLD BY A LAWYER THAT I COULD, AND I FOUND THIS BOOK BY DOING RESEARCH ONLINE. THIS BOOK IS AN EXCELLENT RESOURCE AND WILL HELP YOU WITH YOUR CASE. IT ALSO HAS A FORMULA TO USE TO SEE HOW MUCH YOUR CASE IS WORTH. VERY VALUABLE INFORMATION FOR THE PRICE. LET ME KNOW HOW IT TURNS OUT FOR YOU. FOR THE BOOK AND INFORMATION ON THE BOOK, GO TO WWW.AUTOACCIDENTCLAIMS.COM. GO TO THE TOP AND CLICK ON ORDER THE BOOK. THE BOOK IS BY DAN BALDYGA. YOU CAN TELL THEM THAT KIM ISAAC FROM VA REFERRED YOU. ALSO, TRY WRITING A DEMAND LETTER. GO TO WWW.VINCENTILAW.COM TO SEE A SAMPLE OF A PERSONAL INJURY WRITTEN DEMAND LETTER THAT YOU CAN USE TO WRITE YOUR OWN. E -MAIL ME AT [email protected](PUT BARBARA FROM NC) SO I WILL KNOW WHO THIS E-MAIL IS FROM TO LET ME KNOW HOW YOU MAKE OUT. GOD'S BLESSING.

 

[barbizon]

Thank you for the replies!! I have heard that loss of "enjoyment" cna be considered under compensation.

I did hear of these books that could help..I wrote a great demand letter..but still got a "No".

I did go with my Med under my Insurance...covered what my Ins did not.

I told State Farm that I would accept $10,000. Of course they still say "No."

I know of a woman who was in an acident..car was totaled (rec'd book value)..only soft tissue neck problems..and going to chiro. She is getting a $10,000 settlement! (not counting the totaled car).

I know most people only want what is right and due to them...we are not out to get rich over an accident..we only want what is fair and get pain and suffering ..anbd be fair abt that too.

I think of it this way.."I have only begun to fight!" State Farm maybe stubborn..but so am I. They are wrong...And I love to dig up research.

 

[hkolln]

I was in an accident while living in NJ and the at fault party had to pay ALL my medical bills...It was not my responsibility. I did find an attorney right away and had alot of physical therapy totalling about 2000.00...all my medical bills were in fact paid by her insurance company and we also sued her for pain and suffering and I got an 8000.00 settlement out of court. I still have some pain but not as bad as back then...just remember whatever you win the attorney will probably take 1/3 of it in fees!

But I would advise you with that much medical bills to pay (and I would assume they will put them on your credit report and thus mess up your credit!) get an attorney now! They don't need retainers (well mine didn't) and they will take their fees after the case is done.

Better to protect yourself then have a ton of problems later on!