QuestionSOUTHERN CALIFORNIA. I was walking along a bike path on the left side of the road. The road was in a recreation park which was a 25mph zone. Other than the bike path, it had no sidewalks. Beyond the bike path is a cement gutter and dirt. I heard screeching tires from around the bend. Afterwards, I saw three cars racing up the hill (I was walking downhill). The first car was so fast that it crossed the bike path and almost turned over. My first thought was that the driver won't be able to recover and climb the gutter. I tried to estimate how far back I would have to go to avoid being hit. I fell while I was doing this, the ground was uneven and, beyond the gutter there was no lighting. The roads are well-lit though. I sustained abrasions on my left arm and leg during the fall. I was able to call the police and we were able to confront the car owners. They were underaged as their licenses had red stripes. The driver verbally admitted to driving at 40mph. The police filed a non-contact injury report but he issued no tickets for reckless endangerment. He said that this will make their insurance increase. I went to the ER as my leg was swollen. There were no bones broken but there is trauma. I was advised to stay off my leg which made me unable to go to work among other things. I was also unable to do my chores and errands. And taking a shower was not only laborious but painful because the abrasions stung. I want to know if I could file a claim. I would appreciate any information you could give me. Thank you.
AnswerHi Kate,
Yes, you can and should file a claim, or maybe two: one versus the tortfeasor and maybe one versus the PIP or Med/Pay provisions of your own policy for the medical costs. The latter choice we can dispose of easily.
First off, a pedestrian is entitled to use her own auto insurance if she is injured by the negligence of a driver. Contact is not required. You have medical treatment coverage in your own auto insurance. But maybe you already have health insurance. If so, and you like to use it, just continue and forget your own insurance, UNLESS THE TORTFEASOR HAS LOW POLICY LIMITS. In that case, you will file a UIM claim under your own insurance.
If you purchased high UIM limits that will easily exceed the value of your claim, then you can ignore the following information. Otherwise, you best pay attention to the following.
If your claim has a value in excess of the tortfeasor's limits and your UIM, then DO NOT accept the policy limits from the tortfeasor UNTIL you get legal advice. Why? Because this one driver was RACING and the other drivers are also negligent. And if you accept the policy limits of the first driver, you will have to sign a general release of this tortfeasor and the language will likely also be argued to be a release of all the other drivers. Hence, you would be stuck with that one tortfeasor's low limits and your own low UIM limits.
As for your injuries, ALWAYS see the doctor about your pain and suffering. And do not settle too soon. Your fall also wrenched your back, so watch to see if there is pain in a few weeks. Could this be a bit early to settle?
Is your body completely healed such that after a full day at work you have no residual pains at night or soreness the next morning? Healed such that you can lift things and do the same activities as you did last summer without any worry that you will have pain that night? If that is the case, go ahead and settle. If not, then continue your treatments and early to settle. If you do have pains as I discussed above, you might consider trying chiropractic. http://www.settlementcentral.com/page8010.htm Severe Whiplash and Soft Tissue Car Accident Injuries are Treated Most Effectively by Chiropractors, According www.SettlementCentral.Com self-help insurance claim Members.
If you do have some pains, then Continue Medical Treatment for Residual Injury Pains and do NOT Settle too Soon. I am willing to bet that even after your treatments, once you start to get more active, you will notice pains once again. Mark my words that at first you will have a dull ache, and that ache will become a nagging pain with your increased physical activity if it is not treated.
Listen to your body and to get medical attention when you feel any aches or pains that continue for a day or more. GET MEDICAL CARE FOR YOUR INJURIES—if you have any aches, DO IT NOW. You were involved in a traumatic fall with a lot of impact. It is likely your body suffered trauma sufficient to cause injuries. And there is no reason why you should suffer.
DO NOT SETTLE YOUR CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
In soft tissue cases such as this, the full extent of most injuries is not known immediately after finishing early rounds of treatment, because the injured person has to undergo some of the wear and tear of everyday life, including the pounding his body will receive from a day's work. Even jobs that appear not to be physically demanding can be hard on an injured body.
For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your body will respond until you have experienced sufficient physical exposure to load-test the ligamentous scar tissue as you heal.
Plus, who will pay for your medical care incurred AFTER you settle? What if you were to settle now and nine months later when you are suffering at work and the pain starts to become too much, and you go to a chiropractor only to discover that you can expect a course of treatment that will cost a lot of money? After you settle your claim, all further treatment is YOUR responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement.
Here is page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, THAT IS IT: you will never see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
I know that you think this is going on too far with this one topic, Kate, but I HAVE TO TELL YOU that this is a REAL danger that I have seen many times. So just have patience a bit longer and commit yourself to read the following:
There may be a dull ache at night following a day at work, or some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A FALL ACCIDENT http://www.settlementcentral.com/page0104.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
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OK, Kate, now I am going to suggest that you, take a few minutes to gather some information on the personal injury claims information at www.SettlementCentral.Com, Dr. Settlement's website.
Learn how to settle your personal injury insurance claim AND DO IT YOURSELF.
Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Just skim this one and don't spend much time on it: overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages. Why should you pay someone one-third to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
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Here is the last topic, Kate: Learn how to communicate with the insurance adjuster: FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
