Auto Insurance Claims: hit a dump truck, trip mileage, personal injury claims


Question
Hello, I  was in a car accident with a dump truck a few days ago.  I was driving my 06 subaru when the dump truck ran a stop sign and I ran into him.  He was issued a ticket for failure to yield.  I visited the emergency room where I recieved a CT scan; the doctor cleared me and told me that I had a concussion and whiplash.  I was wondering what an average settlement would be for these kinds of injuries. Today I noticed some knee pain, should I go back to the ER, or just make an appointment with a doctor to get it examined.  Also, since my car is still under warantee, all the work would have to be done at a dealer about 100 miles away.  How can I make sure that the insurance company takes that into considerations.
Thank you,

John

Answer
Hi John,
The fact that your car is under warranty has no bearing on where it's repaired.  Just be sure that the repair shop uses OEM parts (Original Equipment parts Manufactured by Subaru).  Use of NOS parts (made by someone other than Subaru, especially if they are mechanical such as radiator, water pump, serpentine belt,etc can and will void your warranty).  Just have your own company repair your car with the guarantee to you that they are going to use OEM parts.
You are certainly entitled to settlement for your injuries, but that will happen at a point in the future when you have fully recovered.  You should see an Orthopedic Surgeon regarding your knee.  If you can't get an almost immediate appointment with one, then go back to ER and have them examine and run CT scans or MRI scan.
Start building two identical files, each containing a copy of every medical bill and your round-trip mileage @ $0.43 per mile for each doctor visit.  Contact ma again when you are about recovered and we can discuss the recovery method.
Every state has a Statue of Limitations on personal injury claims.  If you live in Tennessee or Kentucky, it's only 1 year.  Most states allow 2 years and about ten allow 3 or more years.
I trust this answer has been of help, please keep in touch as time progresses.
Your feedback for my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-27-07 5:06 PM PST