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uninsured motorist insurance

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lstone911

Junior Member
What is the name of your state?Ohio
We were in a hit and run accident in N. Carolina. We were stopped at an intersection yielding to an ambulance that was going through the intersection with lights and sirens. We were rear-ended by another car. The driver left the scene. The paramedics witnessed the accident and called the police. We filed a report with them. My medical bills have been paid by my insurance company under the uninsured motorist part. The accident happened in May 2004. I am still having medical problems and my insurance company's medical advisor says I should be healed by now and they quit paying my bills. They also want to know what I want for a settlement. I have to be examined by a physician that my insurance company has chosen. Should I get a lawyer? Also, an ad on TV by a law firm is advising people to get settlements from accidents before April 2005 due to tort reform. Would this affect an accident that happened before the laws are changed?
 
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teflon_jones

Senior Member
What medical problems are you still having, and how severe are they?

What settlement are you looking for? For just pain and suffering? That's very subjective and you're the only one that can put a figure on it.

The law reform may affect your settlement depending on what the reform actually is. It's impossible to say without knowing the specifics of the reform.

As to whether to get a lawyer, it depends on the answer to my first and second questions.
 

lstone911

Junior Member
Ohio
My injuries were from the seatbelt. I am short and the upper part of the belt caught me around my neck. I had blood in my urine from the lap part of the seatbelt for a couple days which resolved without treatment. That was a big deal because I was recovering from donating a kidney. I also had whiplash injuries. I am undergoing treatment for TMJ (from seatbelt injury) which the doc says will take a long time to treat and it might not ever go away. I also have Meniere's Diseases(it destroys hearing and balance). I use to have a debilitating attack about every 12 months. Since the accident (May 2004) I have had 12 severe attacks and about 20 moderate attacks. I now have to get hearing aids. Also, the Meniere's causes severe vomiting which makes me dehydrate easily and that is not good when you have only 1 kidney. The doc says that the excerbation of the Meniere's is most likely due to the accident, but there is no way to prove it. I also have problems with my right eye and the doc has not been able to correct the vision. He also says it is most likely caused by nerve damage from the accident but has no way to prove it. I also still have problems with neck pain. I've had problems with short term memory, dysphasia, and dyslexia since the accident. I did not get as high of a raise at work this year because of days I missed from work due to the wreck. I have had multiple ct scans, mri's, mra, and an eeg. My medical insurance has covered most of those bills and I have paid what is not covered. I'm not sure what a fair settlement would be. I have not had a pain free moment since the accident. I even dream I am in pain. The insurance company is making me feel guilty because I'm still having problems. Do you have any ideas what a fair settlement should be when the injuries may not ever completely heal? Should I get a lawyer and is it uncommon to need an attorney when you are dealing with your own insurance company? I'm not sure what the new law reform is, but I will try to find out. Thank you so very much for your help.
 

teflon_jones

Senior Member
Did you get the license plate of the other driver, or were the police able to ever track them down? Since this is being paid out of your uninsured motorist coverage, I'm assuming they were tracked down and had no insurance.

What are your coverage limits on your policy? How much in medical bills has been paid out so far? For anything beyond your coverage limits (whether it's for medical or other damages), you have to sue the other driver.
 

lstone911

Junior Member
Ohio - The driver that hit us was never found. I have not hit the limits of my insurance policy. My insurance company wants me to decide on a settlement. The oral surgeon tells me that I most likely will have TMJ problems for years and might have to have surgery. The eye doctor is not sure how long it will take my eye problem to resolve. My husband had knee problems before the accident and had surgery after the accident in June 2004. He told my husband that the damage was only aggrevated a little by the accident so my husband settled with them last summer. His knee continued to get worse even after the first surgery and he had another operation today. Today the surgeon said there is extensive damage that was started by the trauma in the accident. I reminded him what he told us after the first surgery and that my husband had settled with the insurance company. He left the room and never came back in. Any idea what I should settle for or should we get an attorny to handle this mess?:( thank you
 

crazylady

Junior Member
In my opinion,you definitely need to get an attorney if you want to get a fair settlement out of your insurance co.
 

lstone911

Junior Member
My husband had his check-up appointment today from 2nd knee surgery after accident.
The surgeon says he is changing his report because of the severe damage he found this time and states it was caused by the accident. My husband had settled with the insurance company last June because the surgeon said the accident did not damage the knee that much. He will be off work for at least 8 weeks without pay. I had another check-up today and now I need more tests because other tests show there is now a problem with right side brain function probly caused by whiplash. Seems like this will never end. Has anyone had an experience like this and what did you do? Our uninsured motorist insurance has handle this since the man that hit us was never found. My insurance company wants to know how much I want for a settlement. Any ideas? thanks so much
 

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