QuestionHello- I was rear-ended in November of 2008 while stopped at a red light on
a state highway with a speed limit of 50mph. The teenage girl who hit me
saw me at the last second slammed on her brakes which locked up.
Unfortunately, I turned my neck to look backward and was hit while in a
twisted position. The girl was ticketed for "driving too fast for conditions."
I live in a small town and the girl is student in one of my husband's classes
so we know the family. At the scene both law enforcement, volunteers
medics and an ambulance all arrived. I experienced neck and back pain and
nausea but refused the ambulance ride to the hospital and visited my own
doctor the same evening. I saw a chiropractor as well within a few days but
after about 5 days the nausea got worse and vertigo began. I was referred to
a hearing and balance center. Since then I have been to specialists who
found medical evidence ( nystagmus and other measures) of vestibular insult
included positional vertigo and likely labyrinth concussion. I have other
symptoms such as light and noise sensitivity, ear pain, disequilibrium and
visual aquity problems, I am participating in vestibular rehabilitation with a
PT, get acupuncture, message and chiropractic care. My neck and back pain
are healing but thebrain injury is a problem, I am unable to work, drive (
doctors will not release me for driving and I am aware I would be unsafe on
the road) or participate in my regular activities ( no skiing with the family this
year, no walking on the beach due to uneven surface which causes me to
nearly fall - the list goes on...) I am a told I am a good candidate for
balance retraining and compensation. I am a positive person with an
optimistic outlook. I am a founding director of a non-profit agency and was
great at multi-tasking, grew a small organization to a medium sized agency,
write grants that fund the organization, hire and train employees, public
speak at both state and national level. Now writing this is a challenge for
me. I do not have an attorney at this time and really don't want to sue the
minor and her family who is responsible for my injuries. On the other hand,
my life is severely altered and there is medical evidence that some of the
damage is permanent. My husband told me that the student who hit me has
told him that if my injury costs are more than $100,000 she has to pay. My
medical bills are around $20,000 to date and my lost wages are about the
same. There are medical tests I have not had done yet due to cost. How
do you recommend I proceed? Is it true that if my costs go over $100,000
(which they will due to lost wages alone) she would have to pay? How can I
learn more about what insurance will pay? My PIP for $10,000 has been
used up and so far my health insurance is not paying anything submitted to
them. I do have underinsured motorist on my policy. Thank you for any
advice or thoughts you can share with me.
AnswerHello Eileen,
You have several issues here. You have a somewhat of a complex claim here (not a soft tissue injury that you can probably handle without legal advice). You have substantial injury that could take the teenager's insurance policy.
After that, you might have rights against your own insurance company. This is a procedure that takes skill, and truthfully, unless you have a GOOD lawyer, you will probably not be able to do yourself. If things are confusing now, they will only get worse.
Remember that seeking legal advice does not only work when you need to "sue" someone. They can help you settle the claim and work through the paper work without ever stepping foot on court. Simply by having them, the insurance company will know that you have teeth.
At any rate, please see http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html for all the damages you can claim in a personal injury claim.
Good luck
Anne
