Insurance Pay Out

[SoHereIAm]

What is the name of your state? WI

I will try and make this short as possible w/ as much info as I can put in. I was in a auto wreck a few months ago. Do not have a lawyer. I was rear ended. I was a passenger in the front seat. I suffered neck and upper back injury. have been to Dr. about 10 times. did go to ER right away after wreck. The Dr. was mainly a Chriprator. He sent me to PT. had 18 visits. Dr. says ok to return to work however he wants to be able to evalute me after 2 days of work and wrote that on the return to work pappers. Work says no. I cannot return to work in case something were to happen to me while I was there reinjuring something(which by the way the DR. and I both feel I have not healed 100%) The DR. says he will not change that. He really believes that this has caused me to never be able to do my job correctly again. I need to be able to lift 100lbs. But he says unless I try it we cannot prove it to the insurance co of the driver that hit us. I have missed alot of work with out any LTD or STD. I know this insurance co. will have to pay for my medical bills. Will they have to pay for all my time off? and now that the DR. has released me and work will not take me do they owe me for that? Basically what am I entittled to as payment.

I was also told by my ins. co. claims adjuster(and I know you all are going to disagree w/ this) that I really do not need a lawyer that I should be able to take care of this by myself as the only thing a lwayer can do is get me more money but then I lose 1/3 of it and if I do this myself I would get just about the same if not more. Ihave not signed any papers only for them to check my wages at work. was this wrong? So as of right now I am not under any care but unable to go back to work unless the DR. changes his wording which he will not do.

Oh what if I beg him to change it and try work for a few days and see that I really cannot do it. I would of course do this before I contact the insurance co. or do I need to notify them that I should be back at work. Or when I am going back to work?

I hope this all makes sense.

Thanks,
So

 

[JETX]

"I cannot return to work in case something were to happen to me while I was there reinjuring something(which by the way the DR. and I both feel I have not healed 100%)"
*** I agree. The employer would be a fool to allow you to return to work while still injured.

"The DR. says he will not change that."
*** Then you are going to need to get a REAL doctor. The reason I say that is it is very common for physicians to allow you to 'perform' under the control of a physical therapist to assure your recovery BEFORE returning you to work.

"He really believes that this has caused me to never be able to do my job correctly again. I need to be able to lift 100lbs. But he says unless I try it we cannot prove it to the insurance co of the driver that hit us."
*** See above.

"I have missed alot of work with out any LTD or STD. I know this insurance co. will have to pay for my medical bills."
*** That is not true. They have NO obligation to pay your medical bills. If their policy holder is determined to be at fault (by their investigation or a court), they will be required to compensate you for reasonable 'damages'. This CAN include medical, personal injury, pain and suffering, etc.
They are NOT obligated to do anything other than that.

"Will they have to pay for all my time off?"
*** No. See above.

"and now that the DR. has released me and work will not take me do they owe me for that?"
*** No. See above.

"Basically what am I entittled to as payment."
*** You are 'entitled' to nothing at all. However, you MAY get compensation as noted above.

"I was also told by my ins. co. claims adjuster(and I know you all are going to disagree w/ this) that I really do not need a lawyer that I should be able to take care of this by myself as the only thing a lwayer can do is get me more money but then I lose 1/3 of it and if I do this myself I would get just about the same if not more."
*** Sometimes true.... sometimes not.

"Ihave not signed any papers only for them to check my wages at work. was this wrong?"
*** No.

"So as of right now I am not under any care but unable to go back to work unless the DR. changes his wording which he will not do."
*** See above. Get a real physician.

"Oh what if I beg him to change it and try work for a few days and see that I really cannot do it."
*** If the doctor gives you a full release and you are re-injured, you lose any rights to claim on that re-injury and any rights to future damages.

"I would of course do this before I contact the insurance co. or do I need to notify them that I should be back at work. Or when I am going back to work?"
*** I cannot suggest that you take any action that could lead to further damage.

 

[SoHereIAm]

Ok here I am again. The last I heard from the claims adjuter was that when I am done being treated they will take care of the medical bills. And also in the meantime she said she would gather what she needed from my employer. In the meantime she said to figure out how much I have been loseing in wages.

? regarding:


"I would of course do this before I contact the insurance co. or do I need to notify them that I should be back at work. Or when I am going back to work?"
*** I cannot suggest that you take any action that could lead to further damage.

? is do I contact them and let them know I am done being treated by a DR. and do I have a certian amount of time to do this? It sounds like from what you have said that I should setlle this before I go back to work. Now if I go into thier tiny office and see I do not like what they have to offer me at that point can I walk out without signing anything and then getting a lawyer? yes I know in all reality I should have one now. But for now this si how I would like to do it. I know once ALL the papers are signed everything is done and over. so I want to be on the safe side. So if I can walk out then thats what I would like to do.

Thanks so much for all your help. I would really like to just be done with this. its been ahwile since it has happened.

Thanks again!!
So

 

[condaggitt]

The DR. says he will not change that. He really believes that this has caused me to never be able to do my job correctly again. I need to be able to lift 100lbs. But he says unless I try it we cannot prove it to the insurance co of the driver that hit us......


A. Life is NOT FAIR, You will probably never be able to lift 100lbs again, and if you try you could injure yourself Permenantly.... so what other kind of work can you do?

Instead of sitting around whining, can you go back to school and get a better education? Or get, new computer or other job skills that dont require you to lift 100 lbs.

For example: I am a wedding Disc Jockey, and my old heavy equipment was finally getting to my legs and back, so i had a choice to make, QUIT the business OR keep tring to lug 4- 65/75 lb wooden speakers, a 75 lb dj wooden case,80lb amplifier case, plus a couple of wooden cases for my cd's... OR to spend the money and buy 4 new high tech molded plastic 36 lb powered speakers for $800 each. and $300+ more for high tech plastic cases for my equipment and cd's...well let me tell you it was the BEST $3500 i ever spent in my life, no more back and leg pains.

I guess you will have to start thinking like this...... Good Luck.

 

[SoHereIAm]

1st of I am sorry if you feel I am whinning that was not my plan!!! I was asking for advice is that not the name of this forum? For the record YES I could get a better job! I have plenty of education. However this is a job that I have enjoyed a type of job that not everyone can do. A type of job that takes a special person to be able to handle thedaily challenges of it. A big heart to hold all the joy you get from doing it and so on.... I am A Nursing Assistant. So as for the whinning. I am heart broken big time. I am able to do other things in the medical field. However I chose this because it is a very unwanted job.

So back to my last post. It was just a question. If no one has any answers thats fine I can deal w/ that.

Thanks,
So

 

[JETX]

Ignore 'Conda'. He is just the latest reincarnation of the 'forum troll'. He has no legal knowledge or experience and is in fact a NY welfare bum living in subsidized housing. As is obvious from his idiotic posts, he just gets his jollies by insulting people and goading them into a response.

So, to what I THINK was your question:
"? is do I contact them and let them know I am done being treated by a DR. and do I have a certian amount of time to do this?"
*** Under the circumstances, I doubt your employer would let you return without a formal doctor release form. Without that, your question is moot.

 

[spawn_x]

Ignore 'Conda'. He is just the latest reincarnation of the 'forum troll'. He has no legal knowledge or experience and is in fact a NY welfare bum living in subsidized housing. As is obvious from his idiotic posts, he just gets his jollies by insulting people and goading them into a response.

classic. rofl

 

[SoHereIAm]

Thank you so much for all your help. It means alot to me. What I was asking was do I need to contact the insurance Co. of the other party to let them know I am done being treated By the Dr. And if so do I have a certian amount of time to do so. Please know I know I need to contact them at some point. What I would like to know is should I contact them before I go back to work to try and settle this? Ok stupid question but my days are now limited as to my LOA and I am trying to get the right paper filled out by this DR.

The way he has it written out right now say "to return to work full duty but need to check results after 2 work days" Becuase I am union I cannot do any less then I do now. So now he has the paper work I was given for work. When I talked to him he said that he released me to go back full duty it is work holding me back and if the insurance co. were to call him he would tell them I was released to full duty. I do understand works side of it. I do not blame them. I was just hopeing w/out getting a lawyer I could get some info to find out what to do from here. If I sound like " an idiot" I am sorry. So far everyone has been very helpful well most.

Thanks in advance. I hope I made more sense here.

So

 

[SoHereIAm]

Ok i do not mean to beg but if someone could just please help w/ the question I asked. should I call the insurance Co. and try and settle now?


Thank you!!
SO

 

[SoHereIAm]

Meeting w/ insurance CO.


This will be the last time I bother you all. Since tomorrow is Monday I will be making phone calls regarding this. But I would really like an answer to the last post I made it would be under " Insurance Payout"

What I need to know is if I go into the claim adjusters office to finalize everything, if I do not like what they have to offer can I walk out and get a lawyer? or once I am there is that the end? I do realize they do not owe me anything as I was told. But if someone could let me know if I could walk out and not sign anyhting is that ok or could they just say forget you. And yes I do know I should already have a lawyer.

I hope this makes sense.

So

 

[drago]

Please give very specific answers to my questions.

What are your provable damages (doctor bills, missed work,etc.)?

How much damage was done to the car, in dollars please.

Did the driver suffer any injuries?

 

[SoHereIAm]

Hi-

I suffered neck and upper back injuries. we were rear ended. husband was driving. son was hurt. son's calim is all setteled. vehcile is setteled also. now its just my calim. I was treated int physical therapy about 18 times. same the DR. about 10 times. I do still suffer pain. but not nearly as bad. The DR. did try and realese me to go back to work. they would not take me becuase they want me 100% and not to go back to the DR. for the injuries. so besides that waht i need is info on wether or not to just call the insurance co. of the other party and say ok I am ready to settle. go there and see what they have to offer. I have been off of work for about 3 months. so far PT bills total well over $3000. Dr. bills not sure as they have gone through my health insurance. so that I am sure will have to be paid back to them. am I right on that? Ok so I go to the insurance cco. I donot like what they have to offer me, can I walk out without signing anything and then contact a lawyer. I would like to get this settled because it has been long enough. The insurance co was very surprised I did not have any type of LOA pay. I do not work full time so I am not able to collect that. I did sign a papper when I was there for he to contact my employer and find out what I make. So I am guessing that they were looking into that. I understnad from a post that really they do not owe me anything.
The van total was about $2000. we have not tkane that in. we do still have the check it will be going in next week to a place that this ins. co. works w/ so that if there are any other costs they can contact them and pay it. driver was injured but chose not to do anything as he has had prior back injuries. but has not signed off on anything. my wages total about $4000. this includes vacation time I had to work and missed paid holidays. I am sure if they were going to pay me it would all be one lump sum as for pain & suffering and wages. Meaning they will go together.

I hope this long bit answered what you wanted to know. any help would be great. the main thing is signing off now. Oh should I do this before I return to work just incase I hurt myself again. The work I do does require alot of heavy lifting. I do have plans for my job though. just want to know if this shouold be done w/ the CO. before I return to work/

I am sorry for this long reply. I am yelling at kids and trying to answer at the same time and loseing track of where I have been here. so I will leave it at this.

Thanks,

SO

 

[SoHereIAm]

Should of thought of this before



Please give very specific answers to my questions.
You asked:
What are your provable damages (doctor bills, missed work,etc.)?
My reply: about $10,000.00 that I know of now. That does not include bills that my health insurance has paid. Wages are about $4000.00 of that.

You asked

How much damage was done to the car, in dollars please.

My reply: about $2000.00, still have check have not taken it in yet. taking it to a place insurance co. works with incase more costs show up.


you asked:


Did the driver suffer any injuries? Yes but chose not to got to hopsital since he has had back problems in the past. did not sign anything however.


Sorry I could of done this before to make it eaiser. I apologize w/ all of my heart!!!!

SO

 

[drago]

Don't worry about being a little frazzled, it is understandable.

Tell the driver to seek medical attention, I'm sure he is still
experiencing some difficulty. Think "paper trail".

Do you have a copy of the police report?

Is everything on the up and up? Such as insurance, licenses,
driver obeying the law?

If your answers to these questions are positive and everything is as you stated, do not talk to their insurance company AT ALL or ANYMORE.You may have a good case.

Find a Personal Injury attorney and lay all the facts out honestly
for him/her. He/she will be better able to advise you and a consultation will cost you nothing.

Good luck.

 

[SoHereIAm]

So in all reality I cannot take care of this by myself you are saying? I was just thinking since it has been awhile I could just do it myself and be done w/ it. But the big question is. If I go in there and do not like what they have to offer at that point can I walk out w/out signing anything and get a lawyer then? just tell the adjuster I need to discuss it wy my husband? I was just hopeing to get this all done w/out a lawyer. I was in a wreck years ago and they took so much money and it took like 2 years and in the end I just got pennies.

thanks
So