Passinger in 1 car accident

spyandboo · #1 11-11-2008, 03:11 PM

What is the name of your state (only U.S. law)? Illinois

I need help. I was in a car accident back in Dec last year. I was the passinger, my husband the driver. My insurance contacted me & said that I was intitled to a settlement under my uninsured vehicle part of my insurance. I sufferend neck, back & lower back pain, numbness going down my arm & leg. I seen a chiropractor for 7 months. I still hurt but got tired of going so I told them I was fine just to get this over with. Well I have been waiting for the insurance to settle this with me and offer me some money for my pain & offering. I got a call today and they said the value of my claim was $6400.00 I used $4659.00 in medical bills so they could give me $1741.00 for pain & suffering. This seems so low for 7 months of chiropractic work! I have read on line that the normal settlement for pain & suffering is 3X's the amount paid in Medical bills. Can anyone help me on how much the normal amount is for pain & suffering in an unisured claim? If I get an attorney most of my settlement will go to them. please any helpWhat is the name of your state (only U.S. law)?

ecmst12 · #2 11-11-2008, 03:37 PM

Who owns the vehicle? Is the car your husband was driving uninsured?

spyandboo · #3 11-11-2008, 03:54 PM

it is in both our names and it is fully insured. But like I said our insurance agency
contacted me & said they could give me a settlement under the uninsured vehicle part of my
insurance be that I was the passenger and it was a one car accident.

ecmst12 · #4 11-11-2008, 04:02 PM

That is not correct. Your claim is a bodily injury liability claim against your husband who was at fault in this accident. And there is no magic way to determine the value of your claim. If you think it is worth more, make a counter offer. But your claim is actually worth less because they know you are not going to go and sue your husband even though he caused your injuries. You also have no permanent damage. So don't expect the moon.

florida-man · #5 11-11-2008, 05:53 PM

I know someone who was in a similar situation. Good luck to you.

spyandboo · #6 11-11-2008, 06:08 PM

that is where you are wrong, I don't have a problem suing my husband, he keeps telling me to. also I am still having problems with my spin. The insurance forced me to go see another dr for an exam to see if I had permanent damage and that dr re hurt me. So since then I have been going back to the chiropractor again. But all the insurance co. had to say about that was that I was fine before going to that dr (they made me go to) so now I should sue that dr for malpractis. grrr is all makes me so up set.

ecmst12 · #7 11-11-2008, 06:10 PM

The doctor that the insurance company sent you to wasn't treating you only evaluating, so I don't see how he could have hurt you. You can't sue him for malpractice because he had no duty towards you, since he was not your treating physician.

If you are not better, you are not ready to settle. If 7 MONTHS of chiro treatment haven't fixed you, then you need to start looking further to find out what the problem is.

spyandboo · #8 11-11-2008, 06:20 PM

I understand that she was not treating me, ok let me start over. I was feeling fine & I got tired of going to the chirop. so instead of going once a month then I ended the treatments. The insurance co sent me to another chirop. she did an exam to see if I would have long term disabilities. Before I left I told her there was numbness going down my leg again and I hurt. She said sorry. I called the insurance the next day told them and I said I needed to go back to the chirop and get adjusted again. They told me that they would not cover it because I was fine when I went & say the chirop. that they made me see. Then they told me that it was malpractis and that I needed to sue that chirop. I hung up called that dr & told her what the insurance co said. She said that she has to re hurt me to find out the extent of my injuries and all. she said she was sorry & that is why she didn't want to do the exam but that she was doing the insurance co a favor. So now I am still seeing my normal Chirop. & turning it into my health insurance because my auto wont pay it. In the report that the insurance co sent me the chirop that they sent me to stated in it that normally someone with my injuries needs to be treated for 36-72 weeks. I only went for 23 weeks. I don't know what to do I just know that 1700 is to little but don't know what to ask for

ecmst12 · #9 11-11-2008, 06:40 PM

The chiro you were seeing was over-treating you. If you don't improve after 3 months, you need to look deeper for the problem, because the chiro isn't helping. Continuing to receive treatment that isn't helping you is pointless - except for the chiro's bank account. Unfortunately, it sounds like you got a bad one.

If you are still having pain and numbness, go back to your regular family doctor and ask for a referral to an orthopedist or neurologist, and for further testing such as MRI or EMG. Stay away from that chiro though.

spyandboo · #10 11-11-2008, 07:18 PM

I would but the auto insurance won't pay for anymore medical bills. They refuse to pay because I was fine until I went to there chirop they wanted me to go to. now I am in a lot of pain again and have been since Aug when they had me see her. all I keep getting from them is that it is all the chirop's fault. (the one they sent me to) and to sue her.

ecmst12 · #11 11-11-2008, 07:28 PM

You need to get another MEDICAL opinion.