MVA Questions

[seabass]

What is the name of your state?What is the name of your state? PA

I was in a MVA on January 12, 2005 I was making a left turn when the driver behind me was not paying attention when all of sudden he noticed I had stopped, he slammed his brakes and slammed into me. He admitted to fault and the report reflects it. initially i was ok, but then the headache and aches and pains kicked in and I went to the ER. diagnosed muscle strain/sprain in the neck, mid back and lower back. Given the usual drugs, followed up with with personal Dr. I had been referred to PT where I have been going for 7 weeks now 4 days a week. I had seen one orthopedic and then went to see an ortho back specialist. He stated I do have a bulging disc and that the firat thing would be an epidermal. See what happens in a month and perhaps remove the bulge. In the mean time I am to continue with PT.

My lower back and left hip are in pain on a daily basis. My thoracic spine is stiff and sore on a daily basis. My neck I wake up with headaches most of the time but they go away as the neck loosens and i take my vicodin and mobic.

My pains are enhanced because in 1992 I was in a motor vehicle accident that resulted with compression fx in my mid back and serious neck sprain/strain. I had been stabilized for some time now with the occasional flare-up.

My insuranace is paying my medical bills up to 10,000 dollars. Will I have to pay that back from settlement?

I will continue PT and go to pain mangement and go from there. I work in sales and i receive pay from commision. How would one calculate lost wages?

I do maintain a daily log/diary of each day and what is going on and how I feel

When determining the value of a case what should I expect to be paid for compensation? damage repair 4000.00? Medical expenses? Time away from Job?

Any advice would be appreciated, and no i have not YET retained an attorney

Thank in advance

 

[Lynx 36]

Quote: "My insuranace is paying my medical bills up to 10,000 dollars. Will I have to pay that back from settlement?"

No

Quote: "I will continue PT and go to pain mangement and go from there. I work in sales and i receive pay from commision. How would one calculate lost wages?"

You have to prove you lost wages by not being able to work b/c of the injury. This requires documentation. Usually pay stubs or a W2.

Quote: "When determining the value of a case what should I expect to be paid for compensation? damage repair 4000.00? Medical expenses? Time away from Job?"

Can't begin to evaluate that here.

 

[rmet4nzkx]

Consult a personal injury attorney re your case.

 

[seabass]

Mva

I know you cannot put a nhumber on a claim. I just wanted to know what all should be taken into consideration when determing a value?

Thanks

 

[Lynx 36]

I know you cannot put a nhumber on a claim. I just wanted to know what all should be taken into consideration when determing a value?

Thanks

Medical bills, lost wages, punitive damages. These are your basic ones.

 

[seabass]

Medical Bills

So you are saying if my car insurance pays for my medical bills, that would be part of the monies I should attempt to get from the liability claim from the other insurance company?

 

[teflon_jones]

Yes, medical bills are part of what you should claim.

 

[Lynx 36]

So you are saying if my car insurance pays for my medical bills, that would be part of the monies I should attempt to get from the liability claim from the other insurance company?

You will be able to recoup the costs of your meds if you were responsible f/ paying them. Since PA is a no-fault state then I'm assuming your insurance co. is handling your meds under your PIP coverage. They would be the ones reimbursed f/ the meds and you might get punitive damages and lost wages only.

 

[seabass]

Lynx

If I understand correctly...All the medical bills that are paid by my car insurance should be part of the dollar value I could be compensated? I also will not have to pay that money back to my car insurance comapny?

Are you referencing medications as far as paying that back to my health insurance?

Thanks for your patience!

 

[seabass]

Pay back medical

It was posted that my car insurance is paying for my medical payments up to 10,000. I would also use that value in the liability claim.

I am a bit confused...Do i have to pay that back to my own insurance company or will i be able to keep that money? I live in PA

Thanks

 

[teflon_jones]

Your car insurance is entitled to recoup whatever they've paid out. So if they've paid $10,000 in medical, and you settle for $12,000, they get $10,000 and you get $2,000. Or, if you settle for $10,000, they get all of it.

 

[Lynx 36]

It was posted that my car insurance is paying for my medical payments up to 10,000. I would also use that value in the liability claim.

I am a bit confused...Do i have to pay that back to my own insurance company or will i be able to keep that money? I live in PA

Thanks

You are not entitled to get paid f/ medical bills you did not pay. If you personally paid them you could. Your insurance co. would get reimbursed f/ the medical bills.

 

[seabass]

Pay back medical

I had spoken with my car insurance company this morning in regards to having to pay them back the money from the settlement claim, and they said i would not have to pay them bac? I had given the scenario, "if i were settled with insurance company for 12,000 and my car insurance policy paid 8,000 i would not have to pay that back! USAA is my car insurance My policy states I have First Party Benefits Medical expense $10,000

 

[Lynx 36]

I had spoken with my car insurance company this morning in regards to having to pay them back the money from the settlement claim, and they said i would not have to pay them bac? I had given the scenario, "if i were settled with insurance company for 12,000 and my car insurance policy paid 8,000 i would not have to pay that back! USAA is my car insurance My policy states I have First Party Benefits Medical expense $10,000

Let me explain it another way since it ain't gettin' through. The party settling your claim will not pay YOU f/ the medical bills. They will pay your insurance co. What you are trying to do is double dip. Why would the other party paying the claim give you money f/ the medical bills as well as give your insurance co. the money? They would be paying double. Comprende!? The other party would not agree to pay you f/ those. It doesn't matter if your requesting it, or want it. They simply won't pay you and would not agree to settle it. No judge will make them either. There are also double jeapordy laws protecting the liable party, but I won't bore you w/ that here.

And trust me YOUR insurance co. will subrogate f/ the those meds they paid out. They won't subrogate you, but they will seek reimbursement from the at-fault party. You may seek damages f/ pain and suffering and NOT f/ the meds. You didn't pay them to begin with, quit thinking you are entitled to be paid f/ them, it's ignorant!

Your typical of most posters on here. When they don't get the answer they want they just refuse accept it.

 

[seabass]

Apology

I must apologize for myself and those who are not as educated as Lynx in the laws of injury liability claims form motor vehicle accidents. It is obvious that my lack in understanding of the system deserves to be be spoken down to by those that posses the knowledge. I just thought these forums would help bring light to those who are uncertain about cetain situations.

Having blown out of proportion...I only was attempting to understand that the X number of dollars spent on medical costs is taken into consideration of the value of a claim. Perhaps I did not make mayself clear about that because I was on this forum attempting to understand myself.

To all of those who responded with patience...Thank you!