Passenger in 3 car accident

[koffeekid]

What is the name of your state? New Jersey

On 11/22/04 I was in a friends car when we struck by another vehicle.

The first vehicle in the accident made an illegal left turn from a parking lot and struck an SUV, the SUV got pushed directly into our path and we hit it head on.
I was taken to the ER by ambulance for neck/back pain and also hearing loss because the airbag went off in my ear.

That was Monday, on Wednesday I went back to the ER, still in pain and they found nothing wrong, despite my ears continuing to ring anfd everything being muffled. My balance is screwy and I cannot concentrate- The ER Doctor didnt notice anything was wrong.

I do not have car insurance. I gave the police my mothers address because I am between residences right now.

I am in pain and my ear is really screwed up. Do I have a case worth pursuing.

Ps- The driver at fault admitted to the illegal turn and was summoned for court

Thanks
George Stebbins
[email protected]

 

[JETX]

Do I have a case worth pursuing.

Of course you have a claim to recover your damages, including reasonable medical expenses and loss of any wages.

 

[koffeekid]

I'm not sure how "lost wages" will apply since I am self employeed and have no verifiable records to prove my income since I run 3 online stores.

Will pain and suffering for hearing loss be an option

 

[JETX]

Will pain and suffering for hearing loss be an option

If it is permanent, yes.

 

[koffeekid]

I am thinking about representing myself in this case and asking for $35k
Would it be best to just see what the insurance co says and if they balk pursue a lawyer.

 

[JETX]

I am thinking about representing myself in this case and asking for $35k
Would it be best to just see what the insurance co says and if they balk pursue a lawyer.

You still haven't answered if this is a PERMANENT hearing loss.... or how the other driver is liable for your damages due to the air bag. HINT: the other driver is NOT at fault for any damages from the air bag.
So, who are you going to make this demand on???

 

[koffeekid]

Here is the situation so far- I have been going to the Chiropractor about 3X a week since 11/22 for muscle pain, ect. The tinnitus in the ear seems to be slowly recovering, however a Nuerologigt seems to think I may have a consussion from the accident.

I didnt mean to imply the other driver was at fault for the airbag, I should have chosen my words more carefully

As of right now, I am filing a suit against the other 2 vehicles in the accident, I assume for medical expenses, pain/suffering, ect.

My diagnosis looks like
Mild concussion
Tinnitus
Muscle Trauma
Neck Trauma
Dizziness

I think my biggest question would be a claim valuation. To date medical expenses are about $3,000, however considering the amount of pain I am in, I do not see the point in demanding a settlement until I know the true nature of the injuries. Is it normal to see higher claim values for extended treament regarding pain and suffering? If so is there an average claim amount?

Also, considering the circumstances, any advise to whether is would be more/less beneficial to take the matter to trial, if they offer to settle outside of court? Are claims better compensated when use of a trial is warranted?

Thanks in advance

 

[Lynx 36]

I would advise to check the laws of the state your in. In KY and a lot of other states if you drive w/o insurance and are hurt you must pay the 1st 10k of the meds out of your pocket. One is also not entitled to punitve damages either, as it should be. It's a hard lesson f/ losers to drive w/o insurance here. I wouldn't count your chickens before you check the laws of your state. Although you will be entitled to property damage no matter what.

As far as your lost wages, if you cannot provide records that show a TAXABLE income you will not get a dime I.E. paycheck stubs. You will get reported to the IRS by the insurance companies f/ trying to claim it though. I hope you paid your taxes on your income.


To me it sounds like you think your going to win the insurance lottery. This claim has a lot of holes in it. The insurance companies will more than likely fight you tooth and nail. That is if they owe you anything in the first place.

 

[Who's Liable?]

Unless I read the OP wrong, he/she was a passenger in a vehicle that was struck by another... If that is tru, not having vehicle insurance wouldn't matter...

 

[Lynx 36]

Quote: "Unless I read the OP wrong, he/she was a passenger in a vehicle that was struck by another... If that is tru, not having vehicle insurance wouldn't matter..."

I agree. That would certainly be the case.

Quote (from koffee) : "I do not have car insurance. I gave the police my mothers address because I am between residences right now."

I re-read it again and it doesn't say either way. I assumed from this quote he was driving.

So what is it koffee, were you driving or a pasenger?

 

[koffeekid]

To Clarify:

I do not own a car, so I do not have my own car insurance
I was a passenger in a car that was struck and they do have car insurance and so do the other 2 vehicles involved in the accident

Vehicle 1 (Green Pickup truck) admitted to making the illegal left turn at the scene and it was noted in the accident report....

Hope this clarifies things a bit

 

[koffeekid]

The Saga Continues

Figured I might as well keep this thread going so people can follow this process with me. From beggining to end.

I just got a letter in the mail from Concentra- who is handling the medical portion of my claim, My Neurologist requested payment for upcoming tests due to the accident ( MRI of the Lumbar Spine, MRI Brain, EEG/VEP/SSER/BAER Testing-

Here is the response Verbatim from Concenta-
Treatment Not Certified:

"This recommendation is supported by American Academy of Neurology and NJ Care pathways and generally accepted practice. Each of these tests has very specific indications, none of which are noted in this case for any of the tests. I have never seen such a volume of tests requested at once, not can I think of any condition medically where all these tests would be ordered. It appears these tests are being used for random screening, which is highly inappropriate. Some of these tests, such as SSER, BAER, VER and EEG have no place at all in a typical trama work-up."

I have an appointment to get these tests done on Tuesday, I really would like to hear any input on what steps to take next. If I appeal, do I have to wait 30 days, can my lawyer do something useful about this?

 

[koffeekid]

Another Update

So, the saga continues

I was sent to pain management doctor who ordered x-rays and was diagnosed with Degenerative Disk Disease and a Hemangioma on either C7 or T7 of my spine. The insurance company has approved a follow up bone scan and an MRI.
What is strange is that I have never felt any back or neck pain up until the accident, how will this effect the lawsuit and insurance settlement since both of these seem to be conditions that were already there?

 

[teflon_jones]

If they were conditions that were already there, and simply aggrivated by the accident, then you're entitled to very little from the insurance company of the person that hit you. From the symptoms you've described, you have very little i the way of long-term injury and settlement amounts shouldn't be very much.

 

[koffeekid]

Incidently

If they were conditions that were already there, and simply aggrivated by the accident, then you're entitled to very little from the insurance company of the person that hit you. From the symptoms you've described, you have very little i the way of long-term injury and settlement amounts shouldn't be very much.

In addtion to that, I was also diagnosed with a Lumbar Sprain, Neck Sprain, Post Concussion Syndrome and Tinnitus. Since none of these conditions would in theroy, be present prior to the accident, how does this effect my claim?

My biggest concern is that dispite my injuries, my other recently newfound problems will take away from what actaully occured as a result of the accident and reduce my claim. I'm sorry to keep posting with updates and questions but I thought it mught be interesting to stick around and keep everyone informed from the start until the end of this battle. If its annoying, I'll stop posting about it.