Accident with teenager

[CCMominVA]

What is the name of your state? VA

On the clear afternoon of Sept. 12th, I was driving a long a major thoroughfare with my 3 year old son. I was then struck on my right front panel of the passenger side by a van driven by a 17 year old driver. The back of my van swung around hitting it a second time, shattering all the windows. Believe it or not, my toddler was completely unharmed....thank God. The force was so hard that glass from the back window had lodged underneath the visors in the front of our van.

When the ambulance arrived, my son and I were checked out. I banged my left knee on the dashboard, had tissue damage to my right forearm from the airbag, and of course where my seatbelt was. I did go to the emergency room.

The insurance company (GMAC) was prompt in getting us a rental car, and reimbursing us for our deductible (we filed through our own property damage policy because GMAC was actually lowballing us).

I'm just wondering how to go about finding out what the settlement value is for bodily injury. I have a torn meniscus on my knee. I haven't yet seen an orthopedic specialist as they are still waiting for the swelling to go down.

Thanks in advance everyone!

 

[moburkes]

If your injuries aren't permanent, then the settlement offer will be low. If you are concerned about getting a fair settlement, then contact an attorney. Make sure that your son truly is okay before you accept a settlement, though.

 

[ecmst12]

Torn meniscus is probably going to result in permanent damage of some kind or another....I would also suggest an attorney expecially if you are going to need surgery or other expensive treatments.

 

[ISUE4YOU2]

I am confused. Did you have a MRI on your knee in the ER confirming a torn meniscus? Who told you you have a torn meniscus?

If you have a torn meniscus , and the orthopaedic specialist links it to the accident and operates, you have a claim for significant damages. Find out the limits for bodily injury liability from the other persons insurance company, and check your policy to determine your UIM coverage.

Reply to this thread.

 

[CCMominVA]

I am confused. Did you have a MRI on your knee in the ER confirming a torn meniscus? Who told you you have a torn meniscus?

Reply to this thread.

I'm sorry....I guess I'm jumping the gun here, but my husband (who's worked as an EMT) feels that the symptoms presenting on my knee are consistent with a meniscal tear. You can actually feel the water on my knee. When I went to see my primary care dr first, she wanted me to wait 2 weeks for the swelling to go down before referring me to an orthopedic doctor. I go back to the dr this next Wednesday.

Pre-accident I have never had any problems with my knees and was actually pretty active (I have an 11 month old Yellow Lab, need I say more? ). Now I can barely get up and down my stairs!

Thanks again everyone for the advice...I just wanted to be sure to be compensated fairly and was getting nervous about the insurance company, especially when they tried to lowball us on the property damage (our insurance came out $1000 more than the other insurance company did). I guess we'll have no choice but to find an attorney to "guide" us through this process!

I got a subpoena for the 17 year old driver. He was charged with failure to yield the right of way. Poor kid is learning a tough lesson early in life!

 

[CCMominVA]

Update

Well, last night after suffering an intense migraine, I went to the doctor today. I have a fist sized knot on my right shoulder, sprained traprezius. I am now on Vicodin, a muscle relaxer and more motrin. I am to start physical therapy for this next week, and also massage therapy as the doc suggested. He said medical will not cover massages, but he thinks it's important. Do I keep the bills for this and include it to the insurance company to reimburse for?

I had more x-rays taken of my knees, and have an MRI scheduled for next week, so we'll see what's found as far as that goes.

UGH, this is all such a pain!

 

[moburkes]

Of course you will submit all of your medical bills to GMAC. Keep meticulous records of dr visits, scripts, etc. Might as well make a file.

 

[ecmst12]

Health insurance doesn't usually cover massage, but at least my auto insurance covered it for me after my last accident. I had to get a prescription for it from my regular doctor but the certified massage therapist I went to is also a friend of mine and she said she had no problems at all getting paid by my insurance. Didn't cost me a penny. Check with your medical adjuster before you pay for anything out of pocket.

 

[CCMominVA]

Update on medical, etc.

Well, I finally got cleared from physical therapy on my knee, and last appointment showed nothing "medically" wrong with my knee, however, the doctor said due to the blunt trauma to my knee, the pain I experience when I "overdo" anything (which can include walking for 30 minutes) can last anywhere from 6 months, to 12 months, to as long as 2 years. There were no tears, and I have good range of motion, so no therapy is needed any longer.

How do you place a value on inevitable pain from daily living for up to 2 years? I would have much rather had something wrong that could be fixed rather than be told this! There is just a knot on my knee that is a blood clot that will take time to reabsorb itself and when I "overdo" it, it swells, burns and strains across my knee cap.

Just want to clear this all up!!!! I have to go to the Juvenile and Domestic Relations court tomorrow to find out what's going to happen to the kid.

Thanks!

 

[moburkes]

ISSUE4YOU asked some questions that you didn't answer.

 

[CCMominVA]

ISSUE4YOU asked some questions that you didn't answer.

I thought that I had answered the questions that were asked. I did have an MRI done, and thankfully it was NOT a torn meniscus as suspected initially. It was a blood clot that is still there. It's still bruised, and according to the doctor (internal medicine), it will just need time to reabsorb. There is nothing medically that can be done to remove this and physical therapy is no longer needed.

My knee is stable at this time, but anytime I do anything that is "overdoing" it (which can be as little as taking laundry up and down the stairs), the swelling comes back, and I have a burning sensation. The doc says it's due to blunt trauma and can last for an indefinite period of time. The only remedy for this is to elevate my knee, ice it, and pop pills.

 

[moburkes]

Let me help you.

Find out the limits for bodily injury liability from the other persons insurance company, and check your policy to determine your UIM coverage.

 

[CCMominVA]

???

Let me help you.

I know our UIM coverage for bodily injury in $50K....I'm not sure about the other party's....is this what you are saying we should ask for? It seems like an outrageous amount.

I'm completely new to this, so forgive my ignorance to the system.

 

[moburkes]

1. What are the other party's liability limits? It should be 3 numbers.
2. What, again, is your UIM coverage? It should be 2 numbers, maybe 3, but the first 2 are important.

 

[ISUE4YOU2]

Look at the declarations of your auto insurance policy. What are the uninsured motorist bodily injury coverage limits, each person/each occurrence? Tell us those numbers, please.