QuestionHello,
The day after Christmas, my mother and I were "after Christmas" shopping ... en route back to my home, we were hit head-on (although most of the impact was on the passenger side) by a 22-year-old drunk driver. The driver was given a DWI and now as two warrents for an intoxication assault arrest as he is now "unlocatable."
My mother was driving, and of course, her vehicle was totaled. The insurance company has already taken care of the loss, but we are still in limbo with the personal injury claim and have a few questions ... for reference, we are in Texas.
I was pinned inside of the vehicle, removed by the jaws of life, and was taken to the ER by helicopter. My mother was taken by ambulance.
We are both still under the care of a doctor, and neither of us will be able to resume our previous life/routine for a while, if at all.
In addition to bruises and cuts - I suffered a fracture, sprain and ligament damage in my foot/leg and am still in a fracture boot. My hand was broken in three places and will be permanently disfigured - I am in physical therapy now to regain mobility. Not to mention, my air bag did not deploy, so the right side of my head went through the passenger side window, and I suffered a concussion and am still batteling major headaches. Also, my eyes were swollen shut and my head doubled in size ... I now have numerous small scars all over my face along with knots and facial sensitivity. My job is 90% on-camera. I was out of work for three weeks and still haven't been able to resume my regular duties.
My mom suffered a fractured sternum, three broken ribs, a severe "air bag burn" on her arm and has several bulging discs in her neck. She is to see a neuro-surgeon next week and may have surgery. As an elementary school teacher, her job has also been compromised as she was out for two weeks -plus holiday break - and will be out more for the surgery.
As of now, my medical bills are at $42, plus physical therapy and lost wages. My mothers are at about $30, plus th epending surgery and appointments and lost wages. The problem is that the drunk driver was only insured to cover each person for $25K.
Luckily, my mother has underinsured motorist protection for $25K. However, once it is said and done, this may not even cover the bills - let alone pain and suffering.
How is pain and suffering calculated? I read that it is usually two to three times the medical bill total. In my case, this is $80 to $120K which isn't feasible due to the policy limits. If the bills aren't paid, then what? Do people sue the insurance company? We dont' want to sue anyone, but we also don't want to be stuck with - in addition to everything else - medical bills due to the carelessness of a drunk driver.
Also, we were told that - for me - my underinsured motorist (which, too, is at $25K) will kick in for a total of $75K for me to work with for pain/suffering, lost wages and medical bills. Is this indeed a possibility?
In the mentime, the bills are wracking up while we wait the settlement and I am forced to pay mine out of pocket as my 2009 maximum health benefits have already been reached. How long does such a settlement usually take? Also, when we receive an offer, is it final or is there room to negotiate?
In addition, since my maximum health benefits have been reached already, will it be wiped clean once subrogation occurs and my insurance is reimbursed for what they covered. As of now, if I get a runny nose in March, I won't be covered.
One last question, do you know anything about the Crime Victims Compensation Program? Any information or advice you have is greatly appreciated.
Thanks,
Melissa
AnswerHello Melissa,
You have a serious claim that could be worth a lot of money. There is so much complexity on your question, that you really need a lawyer. I am sorry, but they can guide you the right way for your specific situation. A good place to find a lawyer is http://www.auto-insurance-claim-advice.com/find-a-lawyer.html
The crime victims Compensation Program is usually a program advanced by the Attorney General of your state. Usually this program protects crime victims, and therefore a "crime or intentional act must be present" AND there cannot be any other method of compensation. These programs are geared to help those who have no other way to get any compensation.
Again, only an attorney can help you come up with the best strategy in your state to maximize your settlement. They can also determine if the Crime Victim Compensation Program can help you.
Good Luck
Anne.
