This has been the worst 2 years of my life. I was rear ended in Los Angeles on the 134 Westbound on October 8/2004. I was the passenger in my own vehicle with a friend driving. The police and fire rescue were both called to the scene. Although I felt dizzy, nauseous and a burning sensation in my stomach, we made the decision to go home and opted against going to the hospital. That evening and for the rest of the weekend, I felt dizzy, stiff, nauseous and vomited several times.
My vehicle was a 1996 Saab 900 convertible, progressive came to inspect and determined it was a total loss. I was paid less than the value of my car. I could not replace it for the amount they paid, and had to go out of pocket $3000 to purchase a replacement vehicle. Progressive assured me that my rental car bill $519.37 would be paid.
I had been to a chiropractor earlier in the year, and made an appointment to see him on the Monday following the accident. I was treated and he recommended that I seek legal representation for my case, as I was very tender and stiff, he advised that I had whiplash and also the symptoms of a concussion. He recommended an attorney and Both the driver(Nick) and I set up an appointment. We retained his services, at the time I was not fully aware of just how badly I would be affected by this accident. Since the accident I spent 2-3 times a week being treated by the chiropractor for a couple of months. I was referred for X-rays, to see a neurologist and an orthopedic surgeon. I also had an MRI of my right shoulder. Finally I spent 5 weeks in Physical therapy, and was seeing my GP on a regular basis, he was prescribing various muscle relaxers, pain killers and anti-anxiety for the stress associated with the injuries. In the end the diagnosis was post- concussive syndrome with headache and chronic spasm of the head and neck. My GP determined my status to be permanent and stationary as of November 11/2005. I had cortisone injections twice, and spent the better part of a year and half in doctor's offices trying to find a solution for my daily headaches and neck and back pain. This is a very basic description of the events since October 2004 to present.
I am a model and singer-songwriter. This accident caused a huge amount of stress, mental and physical pain which prevented me from working on numerous occasions. My husband and I separated as a direct result of the stress caused by the accident and my inability and lack of desire to be intimate. He passed away in September of 2005 from a ruptured aneurysm.
Here are some specifics:
My insurance company: Progressive
Underinsured coverage:100/300
[Name Deleted by Admin] (at fault party) insurance company: Farmers
His coverage: 15/30/5
To date farmers has paid the policy limits of $15000 on each case. We each recovered $5000, the attorney was paid $5000 on each case and they held $5000 in trust on both cases.
The attorney has attempted to negotiate a settlement with progressive; they are not cooperating and are only offering to waive repayment of med pay. This would leave me owing medical bills, not reimbursed for my rental car, property damage or lost wages and unable to seek the future medical care recommended by my primary doctor. The attorney has since reneged on his promise that he would take the case to trial and in fact was preparing a case. We have just been informed after numerous unreturned calls that they no longer want to take the case to trial, and unless we want to "put up $10K to pay for the cost of going to trial, they would not represent us". We are now 5 months before the 2 year statute of limitations deadline.
Surgery of the knee was recommended for Nick (the driver) by an orthopedic surgeon. However when presented with these reports, Progressive stated that this doctor had "testified as a witness in too many cases" and therefore were not going to use his report as a part of their evaluation.
We are simply, 2 people who were in an accident, 100% someone else's fault. We went to the doctor's recommended to us, and followed all instructions given. In the end I am still suffering from daily migraine headaches and stiffness and spasm in my neck and shoulders. I have not been able to play golf or tennis since the accident as I can only last a short while before the pain is too much to bear. I am a single parent who can no longer enjoy the activities I used to with my son. I have gained weight, become irritable, moody and depressed and lost numerous job opportunities. My marriage fell apart and my overall quality of life has been greatly diminished. Nick is still in need of surgery and is walking around with a swollen knee that has prevented him from running, cycling or playing basketball.
We are uncertain if we should have another personal injury attorney look at the case or look into a possible "Bad Faith" claim against Progressive who are being completely unfair in their negotiations. I paid a high premium for that policy, and for the UM coverage, it is supposed to be there to protect me. There is no way I should be coming out of this owing money.
Thank you,
Ms J

