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Hit by 86 year old lady, Buick driver

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onebuck

Junior Member
Hi,
What is the name of your state (only U.S. law)? Illinois

I was hit by the 86 Yr old lady driver while I was attempting to get into my parked vehicle. She violently hit my driver side door, pulled it open jerking me out then slammed me back into the vehicle. Injuries were, broken left ankle,concussion, left wrist, arm & shoulder contusion and severe torsion to my torso. I have had several back surgeries over the past 3 years before the accident. My physical problems were under control and corrected until this accident in Sept/10.

She was ticketed for traffic violation with injuries and will be forced to take vision tests. She had been taking here drivers test & with a note stating vision was OK by here Dr, so the State issued the license. The Chief of Police issued the ticket and reported to the State so a required vision test along with a drivers test. Several unsolicited witnesses gave statements to the problems with her sight and other non-reported problems.

I do not hold malice towards her but I do not like the hoops that her Insurance company is having me jump through.

Her Insurance totaled my truck and we agreed on the settled amount for it. The truck is my beater, for around town and country. :)

My bills for medical are getting rather large and several final notices for payment. I do not want this to affect my credit rating. I do see my personal care physician later this month to see if additional epidurals will be necessary.
Pain management & my surgeons are required to communicate with my PCP.
Too many Dr's have almost caused harm by not communicating with each other, so I require that they all must pass everything through my PCP.

Pain is manageable now that inflammation has decreased. But I do my exercises and heat treatments three times a day. I'm 62 and a gentleman farmer. My riding and farming has been limited after the last surgery in feb/07 before the accident. Dr's kept me on limited duties. I had just been to one of the Dr's the mourning before the accident and was told to start(limited) doing more around the house & farm. Not allowed to ride my horses yet but soon. Then the lady hit me and all hell has broken loose. What a set back, sure only 5 months but it looks like I won't be riding again. :(

I know the physicians can be paid by medicare and then her Insurance Co. will be required to reimburse along with a penalty. But other portions of the bill will have to wait until settlement. I want all my medical bills paid. And I do believe pain & suffering is do!

I am a retired professional and do believe that I am intelligent but this communicating with the Insurance co. is very testing.

Long rant but felt good to get it out.What is the name of your state (only U.S. law)?

Gary
 


justalayman

Senior Member
My bills for medical are getting rather large and several final notices for payment. I do not want this to affect my credit rating.
then you should probably pay the bills. Did you have any insurance, either through your vehicle or health insurance at the time of the accident?

Other than that, about all you can do is hire an attorney who will either seek extended time for payment or issue a letter of protection. The medical provider is not required to accept either of the possibilities.

The other insurance company is not required to make partial payments of your medical expenses. They can actually deny all claims which would require you to sue the driver if they believe the driver did not have liability.

You generally get one payment and the more you push to receive that payment, the harder they will attempt to negotiate it lower. It's only been 6 months so you may not even have much of an accurate prognosis yet so attempting to settle now might be a very bad thing to do.
 

You Are Guilty

Senior Member
And if the woman's insurance limits are too low to cover your meds and P&S, you can always look into the doctor who "certified" her vision was suitable to drive. If he lied/negligently said that, you may have a viable claim against him as well (and he/she is certain to have much better insurance).

Of course, to have any chance at it you would need a lawyer, so it might not hurt to have a few free consults to see if there's anyone you like.
 

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