Please Help

[jpritchett81]

Question for IAAL edit 4/21/05

What is the name of your state? GA

***SORRY LONG STORY***
I was involved in a car accident 8/21/2004. It was a head on collision by a drunk driver. I went to the hospital for head/neck pain and burns on hands from airbag. I started physical therapy 8/30/2004 (3x a wk). Therapy ended on 10/25/2004. I was referred to a neurologist b/c I still get really bad headaches (migraines, my eyes hurt, nausea).

On 10/29/2004 I was rear-ended by this guy while I was stopped at the train tracks. After he hit me we exchanged info and I started to call the police. Well the guy gets irate w/ me stating that there wasn't any damage and that the police weren't necessary. I called the police/ambulance anyway b/c my neck started getting stiff and I had this crazy burning sensation in my neck. When the police/ambulance came the guy tried to get me in trouble by saying that my isurance was expired. He was reading the wrong line my insurance card was issued on 10/10/2004 but was valid until 04/10/05.

I turned in my bills to his insurance company (hospital, ems, and prescription). They denied it. They said that since there wasn't any damage to my car or his that they were going to pay for my bills. Even though there wasn't any damage there was impact that caused me pain. I'm not asking for his policy limits or pain and suffering. Hell I had to miss day of work 10/30/2004 and I didn't even add that!! The total is less than 2k (1535.68 to be exact). Do I need to consider small claims court?


Please I really need the advice.

 

[jpritchett81]

**bump**

Please help......

 

[TrojanSDer]

I'm no expert, but I can say this much. Depending upon the strength of the impact, the court can find that you were being "paranoid" or that you were justified in checking with the doctor. I see your chances as being slim, especially about the ambulance, since (at least from your post) it doesn't seem as if you were handicapped to the extend that you couldn't drive yourself to the hospital for a check up.

So, probably you'll get money for your tests etc but not the ambulance. Or at least that's what I would do, if I were the judge.

The question of whether or not to sue really depends on who much worth you think your time is. You do the maths.

 

[jpritchett81]

***UPDATE***

I call his insurance company again and they still won't pay the med bills (spoke with supervisor). I don't understand they accepted liability for the accident, their customer is insured and they still won't pay. I went to the hospital to make sure there weren't any further damages and they still wont budge. What to I do now? Was an this unreasonable amount?

I don't have med pay on my insurance (my fault). I have comp/coll/uninsured

 

[teflon_jones]

Submit this through your insurance company and they'll deal with the other company shortly. Don't deal with this yourself.

Do you have a lot of legal issues? Almost 200 posts and you're still posting problems?

 

[jpritchett81]

teflon_jones I only had two legal happenings so far in my life. Ha I'm only 23! I just had a bad summer

1. I was about to purchase a home...then I started hearing rumors of a layoff so I called it off. 6/2004

2. Rumors were true!! I was laid off 7/26/04

3. Was hit by a drunk driver 8/21/04

4. Was rear-ended 10/29/04

Oh yeah I can't submit it thru my insurance cause I didn't get med-pay on my policy! I guess my only option is small claims.

Just out of curiosity....if they won't pay and I do take it to small claims does that mean a judge will deny me too? That's what the adjustor kept telling me

 

[nanaII]

Question..

"Just out of curiosity....if they won't pay and I do take it to small claims does that mean a judge will deny me too? That's what the adjustor kept telling me"

It's possible, but it might be worth your time. If they lose, they will have to pay for filing the small claims action against them.

 

[stealth2]

I'd take the guy who HIT you to small claims.

 

[jpritchett81]

I'd take the guy who HIT you to small claims.

That's what I may have to do. I don't have med pay on my insurance so of course they are out of the question. I just called my isurance company really for advice to see what my options are. Basically since they(his insurance co) admitted fault and the guy was insured...what's the problem? I ONLY went to the hospital to get checked out b/c my neck was stiff with this weird, uncomfortable burning sensation.

State Farm told me that could have been that I slept wrong and would I go to the hospital everytime that occured WTF??!!!

I guess I need to know the basics of going to small claims...I never had to do this before so I truly don't know how.

 

[jpritchett81]

Question for IAAL

Your son may have, in fact, aggravated the other person's pre-existing medical condition. In the law, there is a theory that "you take your plaintiff as you find him." That means, if the other person is an "eggshell", then you're responsible for the injuries, and aggravations thereof, that an otherwise healthy person may not have suffered.

IAAL

Since I had the same thing happen to me....State Farm stated that they wouldn't pay my claim. How would I go about getting my damages paid by his insurance company??? I guess I'm going to have to file a small claims tomorrow.....I need to get this over with before I'm sol.

Edit: Where in law would I be able to find this info....I've tried to yahoo, google, dogpile, ask jeeves and can't find anything. I may be doing my search wrong.....Thanks in advance.

***off to continue my search****