Auto Insurance Claims: Blown Tire Negligence? Attorney Needed, personal injury insurance, fractured pelvis

Question
I got in a accident on dec 12, 2008. sinlge car accident in a suburban, 9 passengers involved.  I was sitting all the way in the back with 2 other girls when the right rear tire blew on the highway and we were going 75 miles per hour(that was the speed limit). we veered off the highway and hit the gaurdrail on the right(this popped the fronth right tire) then we bounced off the guardrail flew across the 4 lane highway and hit the other guardrail in the median(this popped the left rear tire). I and the girl next to me were injured.when everybody started to get out the car, i tried to follow but then realize I couldn't move my right leg. The girl next to me was screaming she was in so much pain. We had to wait for an ambulance to transport us to the emergancey  room.  We got x-rayed, turns out I had a deep hip contusion and she had a fractured pelvis in 3 different places.  I couldn't walk for 3 full days and couldnt even take a shower by myself.  I got some pain medication and anitbiotics(i think). I was so not all there because of that pain medication that I didn't do a follow up.I became a very loopy person and was not together at all.I had to wear crutches for 3 weeks after the accident. But now I am starting to experience some pains in my upper back and also... i was able to start my excercise regimine back up and when I bend my knee it hurts and when I do kicks my right leg makes a popping noise now, like its pooping out of socket( even though its not, thats what it sounds like).  Do I still have a case, even though its been a 1 1/2 month since the accident?  what kind of case/claim? what kind of dr. should I go to see to get this checked out. will they accept the car owners insurance as payment? what kind of settlement will i get from this? what will this pain do to my settlement? decrease/increase?

Answer
Hi Adella,

As you probably read on www.allexperts.com  Dr. Settlement teaches self help personal injury insurance claim settlement techniques.  So you might be a bit surprised to learn that I am going to recommend that you DO NOT handle this yourself, but instead hire an attorney.  You do not have to pay anything until you win an award.

First off, you are entitled to medical and wage loss payments from their PIP policy as a matter of course, with no need to show liability on the part of the driver.  If they do not have PIP or MedPay, then use your own auto insurance.

But the main topic you ask about is for pain and suffering and loss of enjoyment of life.  These are "general damages" and you must show negligence on the part of the driver or owner of the vehicle before you are allowed an award of general damages.

There are three reasons why I want you to get an attorney ASAP.
#1. You need legal advice on liability.  I cannot see any reason why anyone should pay you a dime in general damages (pain and suffering and the like) UNLESS you can show that:
a) the tire was dangerously worn; or
b) the driver did not react properly, and if she had, you would not have been injured; or
c) the vehicle was overloaded with passengers up front such that her ability to react to the blowout was hampered.  

If any one of those is true, then you DO have a claim for damages owing to the negligence of the owner or the driver.  If all of those above statements are false, then you do not have a claim for damages.  There is no negligence for a tire blowout when going the speed limit, unless the owner was driving on worn tires.

#2. Hence, you need to hire an attorney ASAP so she can develop the facts of the case in terms of getting photos of the tires to see if they were in poor condition and talking to the other passengers to see if they know of any negligence.

#3. If there is any negligence and you make a claim, your claim is in conflict with all other 8 passengers.  The driver has only one policy limit for all of you to divide.  Hence you need an attorney to get in there and push for your rights verses all the other injured passengers.  Of course if you have your own auto insurance policy, then you can use your Underinsured Motorist Coverage (UIM) to cover your losses.

Sorry to be the bearer of bad news, Adella.  But it is best for you to learn now, rather than later that there is no liability.  I trust that my 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