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T-boned

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downstlouis10

Junior Member
Missouri. I was Tboned, Jan 07, by a flat bed truck, carrying a van and pulling a car. Driver had expired license from LA, since July o6. Readliy admitted his fault. His passenger had ins coverage on auto, but he was not driver. Driver got 2 tickets. Driv. w/o valid lic. and failure to stop. Will the insurance company still have to pay me for medical, knowing the driver wasn't legal? Pled guilty to tickets. They are wanting to settle for $2600. I have lots of pain. Added to already pain in neck, back. Did 15 therapy, Mri, doctors 8 visits. I told them I wanted at least $10,000. Said it wasn't valued at that much. Said not even 5000. I told them my jeep was devalued by 1300 due to wreck. What are my options? Ins. co. is lying abt HP report, said woman driver, one car hit me. I also have witnesses.
Thanks:(:confused:
 


ecmst12

Senior Member
Please use complete sentences. The owner of the truck was the passenger? Or was it a commercial tow truck owned by a business? The insurance will not necessarily care whether the driver had a license. It appears they have accepted liability since you have discussed a settlement. Soft tissue injuries with no verifiable permanent damages are not worth that much as far as pain and suffering goes. Your property damage settlement will be completely separate from your injury settlement so don't try to group them together. Many states do not recognize claims for diminshed value, you will have to research whether yours is one of them.
 

downstlouis10

Junior Member
Tboned

Missouri...Sorry, for the fragmented sentences.
The owner was not drivingthe flat bed truck; He was riding shotgun. I was told he can't drive due to too many DUI's. But, he carries insurance for others to drive him around.
No, it wasn't a towing company. The guy driving had recently come to MO from LA. He said his license had expired last July (2006).
In the past 10-15 years, I have had minor pain. But, now it seems like this current accident has put a real rush on the severity of pain. Especially in my neck and back, spine area. Is this still considered soft tissue injury?
Does someone else within the insurance company handle the property damage, if I can get them to go with the diminished value?:confused:
Thank you for your help!
;):eek:
 
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SnowCajun

Member
Missouri...Sorry, for the fragmented sentences.
The owner was not drivingthe flat bed truck; He was riding shotgun. I was told he can't drive due to too many DUI's. But, he carries insurance for others to drive him around.
OMG .. excuse me if I laugh but what a bunch of idiots who ran into you! No matter the insurance he carries for others to drive around, that only applies to licensed drivers I'm sure. Still he's wrong, dead wrong even, to let someone without a drivers license drive him around in his truck??? I bet he doesn't have his insurance very long after this stunt!

Good Lord, no wonder he had so many DUI's, he's got no brains! I'm not a lawyer, but this is a wild one for sure. First off I'd think the guy allowing someone with no drivers license would be automatically responsible because he was in the vehicle at the same time and well aware of who was driving. Therefore he was in control of his vehicle because he was there! It seems obvious to me that his insurance company would have to foot the bill because he was stupidly allowing an unlicensed driver to be behind the wheel driving in public.

I really think you need a real lawyer for this, one of those guys that takes this kind of case on a contingency basis, where they get a percentage of the award at the end. This guy is really dead wrong just knowingly allowing an unlicensed driver behind the wheel.

I'm not sure I'd mention minor back pain for years unless it's really well documented and public knowledge, but ask an attorney .. I think you've got a decent case since the guy at least has insurance.

SnowCajun
 

ecmst12

Senior Member
OMG .. excuse me if I laugh but what a bunch of idiots who ran into you! No matter the insurance he carries for others to drive around, that only applies to licensed drivers I'm sure.
No, you're wrong. Like I said, the insurance will most likely not care, at least for the purposes of the accident settlement, that the driver's license was expired. They may care for underwriting purposes later (they may decide to non-renew the policy), but that won't invalidate coverage for this accident.
 

downstlouis10

Junior Member
I sent a demand letter to the insurance co. the boss called immediately and said he would review info and call me. well today, he called and said they were not going to cover the accident. Insured said the company was at his house yesterday, appearing real sneaky. At that point he did not know they weren't covering my issues. Ins company said they would not ask for the $$ back from me that they paid to fix my car and the rental. Said the insured vehicle was not insured, claiming it was commercial and not private? and another reason, which they could not tell me due to privacy laws. they have wanted me to get an attorney for a year, saying an attorney would know what the case is worth. no attorney knows of my pain and my suffereung. I suffer even dealing with the company and having to see the truck that hit me every time I go to the store and get to the intersection where it all happened. What now? i said in demand letter that i would seek damages and interest and attorney fees, if i had to go through an attorney. Everything they have told me so far, is one lie after another.
 

ecmst12

Senior Member
I do not understand why the insurance company would WANT you to get an attorney, but you should get one. It will almost definitely not go to court. You will pay your attorney a percentage of your settlement, but he should be able to get more for you then you could get on your own, so it will be worth it. I'm not sure if they can get away with withdrawing coverage NOW, a year and a half after they already accepted liability and paid for your car. But a lawyer could tell you more. You can't get interest.
 

downstlouis10

Junior Member
t-boned

:)Thank you ! the insurance company has been telling me what i am asking for is not worth it. I have had to have someone clean my house, do the yard work, for i can't. I had to have a sleep study done, for I wasn't sleeping. Now i find that i have 64 different kinds of sleep apnea. My neck, back and knees are constantly throbbong with pain. I thought i was having a heart attack twice after talking to the liers at the insurance company. So much stress.;)
Once again,
Thank you for your help
 

downstlouis10

Junior Member
t-boned

I spoke with an attorney and was told to go through my own insurance for uninsured and inderinsured. Why would I want to use my own insurance? BTW I used MY insurance for the $2000 med pay. Does that end all, that since I signed the check? I vaguely recall something on the back of the check that said I would relinquish all claims...Geez
 

ecmst12

Senior Member
If the other insurance company denies COVERAGE, you can use your uninsured motorist coverage. Your med pay coverage is completely separate.

I fail to understand how your sleep apnea (there are not 64 different kinds of sleep apnea, btw) is in ANY way caused by an auto accident.
 

downstlouis10

Junior Member
t-boned

I beg to differ with you, but there are more than 64 different kinds of sleep apnea. Apnea has to do with**************i was sleeping fine until i got hit by 3 vehicles. Dreams, not sleeping, waking up, tired during the day.
 

ecmst12

Senior Member
The timeline alone does not prove causation. Sleep apnea is typically caused by sinus problems or obesity (though there are other causes). DREAMS have nothing to do with sleep apnea (in fact if you are dreaming that is a sign you do NOT have apnea because when you have apnea, you don't sleep deeply enough to dream) but could be PTSD related to the accident - did you seek psychological treatment for them? You are going to have to explain how being hit by a car CAUSED you to have sleep apnea. Did your doctor tell you it was from the accident?
 

downstlouis10

Junior Member
T-Boned

As a matter of fact, the Insurance company adjuster suggested I go to a shrink. Was being cute!! NOT. So I said Fine, I will. shrink said she knew a Psychologist who deals strictly with PTSD only in vehicle accidents.I have not gone yet to that one. No, doctor said the pains were why not sleeping. Sleep Psych. said stress from wreck, pains, elderly Mother, etc...sleep apnea, 12 types that can cause heart failure due to not breathing while lying on my back. Other types, didn't allow me to sleep restfully, while lying on my side. I have to get a c-pap and another night at the sleep center. Just all these things all seemed to raise teir heads after the wreck.
Why should My insurance company pay when the one at fault says, I don't want to pay up?
Thank you ecmst12
 

ecmst12

Senior Member
Your insurance pays because the other person effectively did not HAVE insurance, and that is what Uninsured Motorist coverage is for.

Your case is probably not worth what you think it is.

Pain affecting your sleep is from the accident. The apnea is a SEPARATE, unrelated issue which is one of many things affecting your sleep. You can't get additional compensation because of unrelated issues, and "pain affecting sleep" is normal with auto injuries, and completely impossible to quantify or prove, especially with so many other problems compounding the issue. If you are still having nightmares about the crash and other PTSD symptoms, DEFINITELY go see the psych. The longer you put off treatment, the harder it is to treat.
 

mydognamepuaboy

Junior Member
I can relate with this issue. when I got into an auto accident things immediately change the way I live. from the first day out from the hospital to my house I cannot sleep due to pain and everytime I close my eyes constant flashback of the accident scene appear everywhere and no matter how many ambien 30mg I take I still cannot sleep. its been 16 months past already and I still hardly get any sleep. I went to see a psychiatrist (please correct my spelling) and I was advise that I was suffering from stress disorder and paranoid which is cause by the accident flashback so to conclude everything I was diagnose with mild schizophrenia. my advise to those that got into auto accident is to seek medical help right away, getting help and getting the right treatment is the best thing you can get. to be involve into any machinery accident weather for car, truck, motorcycle, train, airplane is not easy to accept specially if you suffering from pain. almost all auto insurance company will compensate anyone that injured in auto accident cause by someone carelessness. if you were in pain and hurting go to your primary doctor and tell him/her your pain, have your doctor to document everything and ask for recommendation for further treatment. your primary doctor is your best defense because he/she know your medical history. also try to help yourself the best you can to get well fast and if things is not getting well seek treatment. the more your medical bill accrue the more the insurance company pay attention to you. insurance company first job is to investigate and find who is at fault, their second job is to try to offer you the lowest possible amount for settlement and if you dont agree with thier offer sue their ass...suing the person at fault or thier insurance is your legal right, dont let the insurance company push you around, you were hurting and is only fair for you to recieved compensation for what you think is the right amount, you the one is suffering and you the only one know what is the value of your pain. remember the insurance company is a big corporation, they have lots of expert lawyer working for them and for you not to have a lawyer is like putting money down the drain. i meant to say is instead of you getting ten thousand dollars you might get one thousand dollars instead. without a lawyer to represent you you were in the losing ends.
 
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