injuries but mininum damage to auto

[David Bach]

I live in Atlanta Ga. My wife and i were sitting at a red light and the guy behind us thought the light turned green. He then proceeded into the back of my car. I was not hurt, she was. She left in an ambulance. For the next 8 months she was not able to work. (she had been out of work about 1 month at the time) so in the next 8months or so she went to therapy. She still has headaches, has only slept in our bed about 4 times. She sleeps better and is more comfortable on the sofa. This happened in sept. 2000. Anyway,the insurance co. has paid to fix the car ($225.oo) now we have about$13,000 in medical bills. There is not an attorney in town that will take the case due to the small amount of damage to the car.(2 have taken the case and backed out)Does the ins.co. have to pay the medical bills? It was a 1/2 ton chevy truck vs. a ford escort. The escorts bumper is mounted on shocks, which in turn are mounted to the framerails,if they had been mounted to the body instead,there would have been some crush involved.We took a hard enough hit to knock the rearview mirror off the windshield. She has "bulgeing disc in her back & strained ligaments". She really has been hurting,eventhough the doctors say her injuries are not serious.We don't want to get rich but she is owed SOMETHING for all her pain and sleepless nights,not to mention how our lives have changed. Bottom line,do they have to pay the medical? And will they pay for her pian & suffering? P.S. I know they don't want to pay anything. Thanks for your reply in advance....

 

[tammy8]

I am sorry for your wifes injuries but honestly I can't see where $225 = $13,000. $225 is basically a scratch on the bumper and I find it hard to believe that $225 property damage was a hard enough hit to knock a mirror off. If your wife trully suffered these injuries from the accident, unforunately she is paying the price of all the fraud that has taken place in the past.

As far as finding an attorney, if 2 have already told you sorry the chances are you won't find any.

 

[David Bach]

if you will re-read you will see that the shocks are mounted to the frame.A sturdy frame takes the energy through the car, instead of crushing it. I don't care who says what she was injured, I know she was injured, I stayed up and did things for her in the middle of the night,when she couldn't sleep due to pain. You didn't even answer my question, Is the ins.co. responsible to pay these bills.

 

[tammy8]

I doubt they will pay. Or if they do then I doubt much. Even yourself said that no attorney would touch it. I understand the shock thing taking most of the impact but that would also include taking most of the shock for the occupants of the vehcile. I am in no way saying that your wife wasn't injured just saying that in mine and most insurance adjusters books $225 does not equal $13K!

 

[LLG]

hello david, i too am in the same boat. the only thing is that my damages were 75.00 from the insurance adjuster. i went to a perfered body shop of theres and was given a estimate of 750.00. my medical bills have totaled to 2500.00 and then i was in another rearend accident. i can send you a copy of demand letter that i sent last week to the other parties insurance so you can view it, it will show alot of detailed information. i will not post it here but if you want you can email me your email address.

 

[florida lady 10]

They call it minimal damage? Read on.

We are talking about a person that weighed maybe what 100- 200 pounds. A truck. a car weighs what 3500 hundred lbs. Now I will tell anyone out there,, a person does not know how they were sitting, what kind of trauma happens tp a body that is hit at any angle at a fast speed or slow speed.., and most of all hit by anything that is that heavy. >>>Now< I do believe that if I'm sitting still or moving and a car or truck hits me and I'm injured and I know I'm injured than I will sue. I was disabled by a low impact accident. while sitting still to let a school bus out. What ever happen to my back, irst accident I did not have back injury, my previous injured arm, shoulder, neck and it's been now 3.5 yrs. and my injury is deep in my spine, my spine is now that of a 75 yr. old at 58 and I have many mri's before , at and up to date. If you are injured, someone owes. Fight and watch the time limit for filing. Even if you lose at least you will know you stood by what is right. My lawyer took the personal injury protection and made 25,000.0 his part. He took the bodily injury case and NEVER called the at fault company to make a claim and then he quit. He called my case a low impact even though I'm on social security disability now and I'm no have soft tissue pain. I'm in the down to the rail pain. I slept with my bed half down on a slant on the floor for months., so my spine would drop back (some) implace. It helped. I also sit on my sofa with no cushions because I can no longer sit on anything thats soft. I slept on the floors for months. I have had epdural injections in my spine, shoulder, and again in my lower back. Had I not had the injection I would not be walking today. I had well ness rehab for 15 wks. /acupunture, etc. No one will operate because my spine is now 75 yr.old. Yes, you can be severlly injured by low impact anything. If the doctor, lawyer, insurance company were so knowledgeable than they would have been able to put this lady back to , how is that everyone wants to say,( get on with your life.) If you are anyone you know is injured you have insurance and lawyers for your case. This is my life now. God Bless! I one day would like to have my add on t.v and be a spokes person for the people.

 

[David Bach]

Fla. Lady,
Thanks for your reply! I can say I don't know how you feel, But I can guarantee my wife does.I've heard the ooo-s and aaahhh's in the night.She can't do hardly anything.She can't plant flowers,take care of our fish pond, not to mention even something as simple as loading the dishwasher.BEDROOM!, haven't been in it in six months, and at 40 years old it use to be pretty healthy. I thank god my children are near grown(17&18) because if we had young children I'd probably move.We've been married 9 yrs. Our life WAS Excellant,paid our bills when they came in the mail,not when they were due.Made decent money (about $80,000)2 years ago.At the time of the accident we had about $5,000 in stock and about $3500 in the bank. Now we are in debt. about $8500.00 in credit cards,( most of it except $2000.00) in medical bills,the stock has been sold and last year made just over $52,000. Nobody believes she could be hurt this bad"just a little bump" I could go on forever,but for now I will say HANG UP THE PHONE AND DRIVE!!!!!! Fla. lady, that last comment was to everyone, not you.
Thanks,
Dave

P.S. Can anyone tell me,Does the ins. co.(of the guy that hit us) HAVE TO pay the medical bills??????????????

 

[Vincent Cosent]

Ins. Required to pay!!!!

Unless the insurance co. can prove medical treatment was not necessary,related to the accident or that your auto was in some way deficent or that you in some way contributed to your own injury( such as not wearing seat belt ) they would be responsible to the limit of coverage.If you have a back injury and they have pictures of you lifting a heavy object they can use this to discredit you in court.If an insurance co. refuses your medical claim the court will decide.I do not believe that car damage is the deciding factor as some people are not injured much even when their car is totaled and others are injured seriously in minor accidents.

 

[David Bach]

Hey,
Thanks for the reply,MAYBE there is a ray of sunshine. Eventhough my wife is still hurting we should have some relief from these medical bills. She has her good days & bad days. Notice the time of my post,one of her bad nights.Thanks again!
Dave

 

[florida lady 10]

more help on the way!

David, Fla is a no fault state, but I can say this, it is very hard for an insurance to fight a doctor and his views on this. unless your wife had previous injuries and had been seen by a doctor than you have to hang in there, they will pay. Did that bulging disc. come from the accident? If so you just take a stand and do not let anyone move you. I fault past I.M.E. an all to the point of more than 70, 000.00 medical. I had zero contact with doctor for more than 12 years. I knew that my injuries were from the accident. No matter what anyone said to me , I took a stand and told my doctors that I would be going to court and they would be paid. Doctors are well aware of how long it can take to get paid, that's why they charge so much. The wait is as long for them as it is for the injured.>>> I must say, even if your wife had pre-existing condition , the accident caused an old injury to start again. They still can not rule most of her injury out..>>>How long after the hospital did she see a doctor.? Try to find a law firm that is not too big. In a big law firm your case will be given to lawyer just out of law school. David, your case will be one of 125 cases given to him at one time to settle. >>> PLease remember this, when talking to the ajuster she probable has not been schooled or trained for her job. She only moved up and learn her schooling on you the injured. IN my deposition of my insurance company it says that the ajusters are not professionally schooled or trianed for their position as an ajuster. We the people are forced to have insurance coverage and than we have no protection from how we are handled in minor or severe claims.

 

[tammy8]

>>> PLease remember this, when talking to the ajuster she probable has not been schooled or trained for her job. She only moved up and learn her schooling on you the injured. IN my deposition of my insurance company it says that the ajusters are not professionally schooled or trianed for their position as an ajuster. We the people are forced to have insurance coverage and than we have no protection from how we are handled in minor or severe claims.

I beg to differ. The minimal education requirements are a bachelors degree and then extensive continuing education in insurance law to be an insurance adjuster. Some even have law and medical degrees.

I hope that you both get what you think you deserve......and then in the years to come when your premiums start jumping sky high, don't blame the insurance companies! They are simply trying to recoup the money paid out in claims.

 

[David Bach]

Hey Tammy 8,
If it happened to you would know how we feel. PLEASE post your replys elsewhere.You are a insurance person and if I want negativity I can always call the insurance co.involved.
Dave

 

[LauraT28]

This is sounding like my case....

I haven't read through all the replies yet, but this sounds very similar to my case. About $800 in damage to our vehicle (we were rear ended), and so far about $2500 in medical bills, and that will go up. I was doing research on the web regarding this, and with today's "unibody" designed vehicles, the PEOPLE sustain the impact, the vehicle doesn't. Great huh? So it appears that the accident was no big deal if you look at the vehicle, but our bodies feel it since WE took all the jolt.

http://www.tmjfacialpain.com/pub2.htm

There's something on it.

Basically the vehicles make out better than the people now, where as older vehicles sustain more damage, but don't pass it on to the passenger. Nice. Ahhh progress!

Laura

 

[NYMinute]

I doubt they will pay. Or if they do then I doubt much. Even yourself said that no attorney would touch it. I understand the shock thing taking most of the impact but that would also include taking most of the shock for the occupants of the vehcile. I am in no way saying that your wife wasn't injured just saying that in mine and most insurance adjusters books $225 does not equal $13K!

The car that hit you....his ins company should damn well pay those bills!!! if not ,then yours will, trust me

 

[NYMinute]

I beg to differ. The minimal education requirements are a bachelors degree and then extensive continuing education in insurance law to be an insurance adjuster. Some even have law and medical degrees.

I hope that you both get what you think you deserve......and then in the years to come when your premiums start jumping sky high, don't blame the insurance companies! They are simply trying to recoup the money paid out in claims.

The wreck I was in TOTALLED my 2003 infiniti with a 34,000 bill and my ins. didnt go up ONE RED CENT..