Suzan Diener's auto accident

[Glen Bosworth]

Su's accident

What is the name of your state? Nevada
Su was hit from behind.
The decision was in Su's favor for $20,000 Now, the Defendant has filed a Request for "Trial de Nova" because she did not agree with the Arbitrators decision and has appealed the Arbitrators decision. The case will now go to Court. The question is, does Su need to answer with letter of response? Her Attorney says the only thing she can do is wait for a trial date to be set by the Court.
1.. In the meantime the Attorney has ended all treatments on her neck and back sometime ago. The treatments were helping her but since they have not given permission to continue treatments, Su has had continuing pain and headaches. The continued Court dates are not helping this circumstance.
2.. Does Su need to send a response letter within 30 days? Her Attorney stated in notification letter she needs to do nothing. I am confused about this decision.
3.. Su would like to ask for more damages due to the Arbitrators small award for injuries. Is this appropriate? Is this legal?
Thank You in advance. I am her Father. She is living with me temporarily until she is healed and back on her own. She is working part time.
Sincerely The name of my state is CA. Su's accident was in Nevada, where she lived at the time.

 

[justalayman]

[

1.. In the meantime the Attorney has ended all treatments on her neck and back sometime ago. The treatments were helping her but since they have not given permission to continue treatments, Suzan has had continuing pain and headaches. The continued Court dates are not helping this circumstance.

what do you mean the attorney has stopped treatments? Are you saying the attorney for some reason must give permission for your daughter to be treated medically?? If she needs treatment, she goes to a doctor and continues until she has reached max benefit. She should be doing this regardless of the lawsuit. As a matter of fact, if she stops treatment and that caused more damage or longer treatment time, she has failed to mitigate her damages.

 

[Glen Bosworth]

Su's auto accident

Does Su have the right to obtain a copy of the Defendents Insurance coverage? Particularly the portion on Bodily injury...each occurance and Medical each occurance?
She evidently has used up all the $5000 Medical....This is my estimation as to the reason for cutting her off of Medical treatments.
Sincerely

 

[justalayman]

Does Su have the right to obtain a copy of the Defendents Insurance coverage?

Not unless the courts order it, which they aren;t because it is not relevent to the suit. What coverage the other party has does not alter liability. The other party is the one who is liable (presumably), not their insurance company.

She evidently has used up all the $5000 Medical....This is my estimation as to the reason for cutting her off of Medical treatments.

So what! How can the attorney tell her not to see a doctor. If she needs to see a doc, then she needs to see a doc. Whether the other party is going to pay for it or not should not affect your daughter seeking medical treatment. As a matter of fact, not seeing a doctor because you don;t think the other guy is going to pay for it looks pretty bad. It looks like you are simply looking for the money rather than her getting healed.

 

[ecmst12]

If she has health insurance, they will cover her treatment after she provides them with proof that her auto coverage is exhausted. After she gets the settlement, she will have to pay the health insurance company back for whatever they paid out, but that is part of what the settlement is for - to pay for past and future medical expenses.

 

[alnorth]

Let the defendant worry about his insurance, you need to get her treated, and nail him with a judgement (or get a settlement offer). If he has insurance, great. If not or its inadequate, then you may have a judgement to collect on for a while. Stopping treatment pretty much hurts your case.