pregnant and in auto accident

mommypreggers · #1 11-07-2009, 09:38 PM

WA, My son and I were involved in an auto accident last week. We were both taken by ambulance to the ER. he had some abrasions to his neck and was very upset from the whole accident. I on the other hand am 8 months pregnant after the accident my back was killing me and both of my thumbs were scratched and brusied from the air bag deploying. I stayed in the hospital Labor and delivery for 4 hour evaluation. Over the next four days I was back in labor and delivery twice because of abdominal cramping. Luckily we have no major injuries. My insurance company handled the total loss of my car and paid off my loan. The other insurance company is dealing with the medical and loss of use and everything else. Today I received a paper asking me for any doctors i was treated by in the last five years and any accidents I was involved in. Things seem to be getting sticky and Im not sure what to do. The problem is the car that was totalled out was my familys only mode of transportation. So now my husband has no way to get back and forth to work and I have no way to get me or my son to any other appointments. I should be going into labor sometime in the next month and I have no car. I dont know if Im entitled to pain and suffering settlement and if so how much should I ask for?

ecmst12 · #2 11-08-2009, 12:02 AM

They paid for the value of your car, it's up to you to get a new car if there was nothing left after paying your loan. They are not responsible to put you in another car, only to pay for the value of the one they wrecked.

They need your medical history so they can determine if you have any prior injuries that could complicate the situation.

I suggest you talk to a lawyer since you really don't know if any damage was done to your baby and likely won't for some time. His/her interests will need to be protected during the next few years. Hopefully, there was no damage and baby will be fine, but just in case, better have someone to protect your rights. Also you don't yet know the full extent of YOUR injuries...part of your back pain is probably from the pregnancy and part from the accident, you're going to have to wait until after the birth to see how you feel after. Plus, you will have many more important things to worry about besides compiling medical bills and arguing with adjusters.

mommypreggers · #3 11-08-2009, 12:41 AM

My insurance took care of the total loss of my car. the other company is supposed to be taking care of personal injury and pain and suffering and all of that

cyrus_2112 · #4 11-08-2009, 11:54 AM

My wife and I were in a similar situation years ago and simply the fact that she was pregnant, the other insurance company bent over backwards to placate us, their motivation being, if they take care of you now, they are hedging against a frivolous claim down the road. They not only paid off our car, but told us to go down to the local dodge dealership and pick out something similar to what we had that was totalled. They paid for that car in full. Yes it was used, but it was a quality car. We didn't push for a cadillac if you know what i mean, but they did that, and it paid off for them because we never pursued any personal claims against them later on. Now if one would have been warranted, we surely would have pursued it, but because of their gestures early on, we never considered going after some phoney claim just to get paid off. Some people would, but it wasn't the right thing to do. I would think you could get similar treatment if you asked. You should at least get a rental car at their expense. Anyway, good luck and I hope you and baby are well.

moburkes · #5 11-08-2009, 01:29 PM

I'm not sure how being pregnant today, and catered to by the insurance company prevents a FRIVILOUS claim in the future. she's greaking pregnant and the baby could be injured, and you're talking about a FRIVILOUS future claim. What the hell?

ecmst12 · #6 11-08-2009, 02:14 PM

The only difference when your insurance pays for the total loss is you may still be owed your deductible from the other insurance company. Other then that, you're owed the same amount of money either way.

mommypreggers · #7 11-08-2009, 05:18 PM

Ok my Ob has said that if the baby was going to be injured they would aready be able to tell within the first week after the accident. Also the other insurance company is sending out the check for my deductable which I will then pay off my car loan completely. I guess my question is since I was in the accident and it was indeed not my fault am I entitled to a pain and suffering settlement for me and my son?

ecmst12 · #8 11-08-2009, 07:16 PM

You may, depending on the extent of your injuries. Which like I said, you can't know yet, at least not for you.