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  1. #1
    Join Date
    Jan 2011
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    4

    Default Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    My question involves an injury that occurred in the state of: SC

    was involved in an out of state rear end car accident where liability was
    determined of the other driver, and resulted in me being in the other state (not
    my home state) for a month as I had no way to be transported back to my home state. The total for medical expenses resulted in $14,000.00 and while the insurance company is going to pay the medical expenses directly to the medical providers, they are only offering me $400.00 for my discomfort and that figure is primarily based on the impact when the damages for my car were $500.00 and
    that's only $100 lower than that amount. I know that I deserve more than that amount. It seems very unfair. Is it wise for me to get an attorney on the case? And do I have a strong case?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    The settlement offer from the insurance company (and their implicit rejection of your claimed $14,000 in medical bills) is their way of saying, "We don't believe you suffered any significant injury in the accident (and perhaps weren't injured at all)." By all means, have your case reviewed by a personal injury lawyer.

  3. #3
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    Thank you for responding! Hypothetically speaking if my case is pursued, do you believe the insurance company would attempt to take it through a trial process?

  4. #4
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    Sep 2005
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    98,846

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    As I indicated, their response to date suggests that they believe your claim is at best specious. Insurance companies don't like to pay money on valid claims, let alone those they view as unfounded or fraudulent.

    Beyond that, I have no access to accident reports, medical reports, etc., so I have no way of knowing what would come out in litigation.

  5. #5
    Join Date
    Jan 2011
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    4

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    Understandable, thanks for your help!

  6. #6
    Join Date
    Jun 2009
    Location
    West Virginia
    Posts
    28

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    Although I am not a lawyer, I would like for you to benefit from my life experience concerning my rear end collision and the legal process.

    Unless you are going to sue the insurance company for $150,000 or more (yes, that's right) $150,000 it won't go to court with a jury trial due to the tort law, and this law is nation wide.

    so, no the insurance company is not afraid of you!

    It will go thru the arbitration, with the arbitrator being another lawyer.

    In my case there were 4 different lawyers involved and NOT one of them explained the tort law to me in the above fashion.
    So, I feel that they didn't have MY best interest at heart, yet they still received 1/3 of the settlement money, that I received!

    I knew there was some kind of scam going on, but didn't know what!

  7. #7
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    Well I am wanting to avoid the jury trial/court aspect altogether. I just want a more (but not outlandish) deserving and justified amount for my pain and suffering, as the insurance company is making an unfair conclusion as to what my pain and suffering amount should be. If I must ask, what were some specifics of your cases for instance, the amount you were seeking from the insurance company in your settlement? Etc.

  8. #8
    Join Date
    Jun 2009
    Location
    West Virginia
    Posts
    28

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    My lawyer started it out at $70,000.
    At arbitration it was $45,000, and in the end i was bullyed and browbeaten until I settled for $38,000 DIVIDED of course 3 ways (the doctors, the lawyers, and me)
    This settlement was with State Farm insurance

  9. #9
    Join Date
    Jun 2009
    Location
    West Virginia
    Posts
    28

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    Have you released your medical records to the insurance company?
    You should also review your medical records, to see exaclty what they do say.

    Doctors DO NOT have to put any thing in your records that they don't want to put in there. (least of all what you tell them)!
    You need to do some of this investigating yourself, don't trust anyone to do it for you!

    In my case, I told a total of 6 doctors
    ( 5 treating me & 1 opposing insurance co. doctor)

    when asked by ALL of these drs, if i hit my head on the dash/windshield
    I said NO, because I didn't...BUT i did slam my head against the headrest.
    I though my head was going to explode...drs. report headache!

    I also told them that a knot came up next to my belly button, it was right between where the seatbelts meet, in the corner of that "V" before i had gotten out of the vehicle. NOT included in any doctors reports.

    I also told them about my arms being thrown up in the air and both of my wrist being bent back and it threw the cigarette that i was smoking into the back seat and burned a hole in it. NOT included in doctors reports!

    the doctors also asked if the airbags went off, No they didn't, BUT
    since we were re-ended, I don't think that "ours" were suspose to, and as for the other vehicle, they didn't either, BUT later (much too late) I found out that there were 3 CarFax accidents on that vehicle's VIN number! the airbags could have been disabled.

    When I got all of the medical reports back, they ALL looked like children copying homework or something.... totally identical!

    And as far as the hospital that treated me, well I found on line someone else that had a car accident (2 years after mine) and their medical injuries were minimized also.

    And next month it will be 3 years since my accident and I still suffer from headaches, headaches that I did not have prior to the accident.
    I truly feel that when my head hit the headrest it dented my skull, and that it is what causes my headaches....but of course the doctors said they couldn't find any thing.

  10. #10
    Join Date
    Dec 2010
    Location
    Toledo Ohio
    Posts
    166

    Default Re: Significant Medical Costs from a Rear-End Collision With Minor Vehicle Damage

    This you shouldn't have told them:

    "I also told them about my arms being thrown up in the air and both of my wrist being bent back and it threw the cigarette that i was smoking into the back seat and burned a hole in it. NOT included in doctors reports!"

    http://headaches.about.com/library/weekly/aa110700a.htm

    * Smoking and second hand smoke is a major trigger for many headaches, particularly migraines and cluster headaches.

    * Smoking is a significant block to reduction of chronic daily headache. Studies have shown that abstinence from smoking nearly eliminated headaches in some sufferers of chronic daily headache.

    * Smoking increases carbon dioxide, decreases oxygen delivery to the brain, and actually be directly toxic to the brain in some instances. Talk about a headache trigger!

    * Smoking reduces the effectiveness many, if not all, of our headache treatments.

    Sometime we are our own worst enemies although if not in the report or in your medical records, they shouldn't know about it. What I am saying here is that sometimes certain little details we give out end up to bite us back. So the adjuster comes by to see you and you break out a smoke.

    But quit smoking and then go after the insurance company. Tell them you have done everything possible to get rid of the headaches (even quit smoking very admirable) and they won't go away.

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