Auto Insurance Claims: accident, pain management specialist, uninsured motorists

Question
I was rear ended by a woman with no insurance on Oct 16,2007 and now i am dealing with my own insurance company and not sure what to expect for pain and suffering. I started out at the emergency room day after the accident because my lower back hurt and stiff neck.  for the next 2 months at the chiropractor in december I had and mri that showed a herniadted disc that was pushing on the nerve root painful so I then went to a orthopedic specialist and he sent me to pain management specialist for back injections after two no relief then went to neurosurgeon and only help will be surgery which of course I am having can't deal with the pain anymore.The surgeon said that if i don't have this surgery I will in time lose function of bowels and bladder. So no choice. I do work cleaning houses but no taxes, so I am losing work not much I can do about that I am sure. But when this said and done hopefully me feeling better what should I feel is fair pain and suffering I really don't want to get a lawyer like I read the lawyers end up with more money then me, but I definelty want what is fair to me.  Thank so much Teri  I am in Indiana

Answer
Hi Teri,
I'm sorry to hear of the severity of your injuries.  You are doing the right thing by NOT retaining an attorney at this point in time.
The legal wording of most insurance policy's states that you can't sue your own insurance company, but any claim against them must be settled through negotiations or arbitration.
During the negotiation process, an attorney would be almost useless to you except to be around to take his 1/3 of your settlement.
If your claim goes to arbitration, you will need an attorney to assist you, but that part can be discussed at a later date, if and when you know that the claim is going to arbitration.
Since your claim is against the uninsured motorists portion of your own policy with your insurance company, any settlement is limited by the amount of coverage that you carry through the uninsured motorists portion of your policy.  In many states, your insurance company is allowed to deduct any amount that they have paid in medical bills from your uninsured motorists settlement.
The fact that you are having back surgery increases the value of your claim because you will either have a limited disability or a necessary change in lifestyle, however, the maximum amount that you can collect can't exceed your limit of insurance.

The state of Indiana has a two year Statue of Limitations in which to settle a bodily injury claim.  You still have over 18 months left, which is ample time.

Please send me a PRIVATE follow up with the following information:
1  What is the limit of your underinsured motorist coverage as shown on your policy declarations page.
2.  Is your auto policy paying your medical bills?  If so, what are your limits of coverage and does your policy stipulate that they will pay your medical bills incurred during the first year only, or will they pay bills for the first two years?
3.  If your medical bills are being paid by your health insurance, does that policy have a clause that stipulates that they have the right to a full recovery if you collect from a 3rd party?  (Your insurance company is considered a 3rd party.)
4  If the accident did not take place in Indiana, the name of the state where it happened.

I hope that you have found this information to be useful.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area