Severe Back Pain 12 Months After CA Auto Accident

JeffL · #1 03-20-2007, 01:58 PM

What is the name of your state? ACCIDENT OCCURRED IN CALIFORNIA

Background:

(1) Involved in a multiple car collision in 3/06 in California.
(2) Accident involved two other vehicles rear-ending me.
(3) I was NO FAULT, they were FAULT.
(4) I claimed no injuries at the scene.
(5) I was covered by work (IBM) insurance, Hertz (rental agency for IBM) insurance, on the job, 9:01AM.
(6) They were covered (Budget, Mercury).
(7) Impact was 40MPH and ?? (second car).

Today:

(1) Back, neck pain.
(2) Been to three doctors.
(3) Next going to chiro and possibly to an MD to get an MRI
(4) Quality of life sucks, can't sit long without strain, stress, can't fly in seats for hours (required for job)

Can anyone direct me to good advice on suing the hell out of someone to get some money to pay for surgery (if necessary), medications, doctors and/or a settlement? I can't even pick up my kids anymore.

Thanks

panzertanker · #2 03-20-2007, 02:08 PM

Quote:

Originally Posted by JeffL

Can anyone direct me to good advice on suing the hell out of someone to get some money to pay for surgery (if necessary), medications, doctors and/or a settlement? I can't even pick up my kids anymore.

Thanks

Let me guess...
Looking for about 36,000 dollars???

You need to make sure that your providers (chiro, MD, etc) all know that this is an auto accident. They can make sure you are sent to the proper providers for dealing with auto claims.

ecmst12 · #3 03-20-2007, 03:09 PM

You probably don't need to sue to get your medical bills paid. But I would suggest getting a lawyer to help you wade through all the paperwork you created by waiting a year to pursue the proper avenues to get your medical bills paid for, as well as help you get appropriate compensation for pain and suffering.

panzertanker · #4 03-20-2007, 04:55 PM

Quote:

Originally Posted by ecmst12

You probably don't need to sue to get your medical bills paid. But I would suggest getting a lawyer to help you wade through all the paperwork you created by waiting a year to pursue the proper avenues to get your medical bills paid for, as well as help you get appropriate compensation for pain and suffering.

Read other post from OP and you will understand my first sentence.

fairisfair · #5 03-20-2007, 05:00 PM

Quote:

Originally Posted by panzertanker

Read other post from OP and you will understand my first sentence.

ha ha no kidding, that is one pain in the neck all right!!!

ecmst12 · #6 03-21-2007, 10:21 AM

Lol that is a shame

Obviously even if OP gets money for this claim (he'll probably get some), it won't be for a couple of years at least, definitely not in time to pay that tax bill!

nextwife · #7 03-21-2007, 11:19 AM

If the back pain is the result of the accident, it is indeed odd that no symptoms appeared within a few days of the accident. I've had neck and back pain from my car being hit, and one would normally see symptoms develop within a couple days or so. If no injury was reported for a year, it may raise doubt about the CAUSE of the pain.

ecmst12 · #8 03-21-2007, 11:29 AM

Well, OP did not say how long after the accident the injuries surfaced, only that none were noted at the scene. If he did indeed wait an entire year to seek treatment, that claim will be difficult to prove. If he sought treatment a few weeks or even months after the accident, because he wanted to see if it would get better on its own first, that's more feasible. But the longer you wait, the harder it will be to prove that the accident was the cause. If he's been getting treated since shortly after the accident but only now reporting it to the auto insurance people, it will raise questions, but as long as there are clear medical records showing the course of treatment/diagnosis and the relationship to the accident, it should be ok. Just makes it a subrogation nightmare if he's been having his health insurance pay claims all this time.

janeyal · #9 03-21-2007, 01:33 PM

In #5 you state "on the job". If the accident happened on the job, wouldn't it then be a Workers' Compensation issue?

ecmst12 · #10 03-21-2007, 02:26 PM

I believe, though am not positive, that auto insurance comes before worker's comp insurance for auto accidents while working. BUT, as long as the claim is reported to both companies, they will work it out between them as to who pays first.

JeffL · #11 03-24-2007, 08:31 PM

Quote:

Originally Posted by ecmst12

Lol that is a shame

Obviously even if OP gets money for this claim (he'll probably get some), it won't be for a couple of years at least, definitely not in time to pay that tax bill!

I do have a tax bill, and that is a separate matter. But, knowing human psychology, the mere fact that I've now denied it has indeed validated it and you and the likely hundreds of "Ahh-ha!" henchpeople scouring the world for these types of 'coincidences' will never tire of the pursuit of forum fodder. Enjoy. I won't ever respond to this again, period.

A+ for doing your investigative homework. F- for making assumptions.

...

(1) I visited doctors immediately (2 weeks) and then thereafter several weeks and months. It's documented and I will have that information.

(2) Since I have no clue how bad this will get, what types of things are available to remedy my pain and suffering, and how long I can expect to fight this in court, I should probably just give up, right?

Thanks

weenor · #12 03-24-2007, 09:11 PM

Quote:

Originally Posted by JeffL

I do have a tax bill, and that is a separate matter. But, knowing human psychology, the mere fact that I've now denied it has indeed validated it and you and the likely hundreds of "Ahh-ha!" henchpeople scouring the world for these types of 'coincidences' will never tire of the pursuit of forum fodder. Enjoy. I won't ever respond to this again, period.

A+ for doing your investigative homework. F- for making assumptions.

...

(1) I visited doctors immediately (2 weeks) and then thereafter several weeks and months. It's documented and I will have that information.

(2) Since I have no clue how bad this will get, what types of things are available to remedy my pain and suffering, and how long I can expect to fight this in court, I should probably just give up, right?

Thanks

Hang on there big boy everybody's just trying to sort out your post and people read things differently. I am assuming that your medical treatment and lost work time (if any) was handled through workers' compensation and that auto repairs were handled through the company's liability carrier. You will have to sue the responsible party and you will have to pay back all of the insurance carriers that have paid anything on your behalf as a result of this accident. It is not unusual for an individual to wait before making a "third party" claim when that individual's bills are getting paid by other means. It also not usual for an individual to seek redress from the tortfeasor (responsible party) when that individual realizes that workers' compensation does not pay for pay and suffering.