QuestionI apologize ahead of time for the length of this question, I previously asked a question on this site and got some very informative information....On 9/12/06 an elderly lady coming out of a shopping center did not stop at the stop sign and hit me on the driver's side, I hit the curb and then forked back onto the road and was hit a second time from the same lady. She continued to drive about 1/4 mile and when she could no longer drive due to her bumper dragging, she pulled over. I approached the vehicle to her pounding on her steering wheel and her not opening the door. I immediately called the local police department and she has begged me not to because she was scared her license would be taken away, but I did anyway. In the meantime, I got to talking to this lady and she informed me that her son has been begging her to stop driving, that she was in another car accident about 5-6 years ago and her husband died from the car accident, that she was severely injured and it took her years to get back into shape. During this time, I'm on the phone with the lady's son, explaining to him what happened and he's telling me that she shouldn't be driving. The police come and she admits she's at fault, she scolds her and he agrees not to ticket her, he does not write up an accident report but he gives me the call # of my call. I wait for the tow truck to tow her car and offer to drive her to the repair shop. I leave and go and pick up my daughter and I start getting a headache. I lay down and rest and nothing seems to help. I call in sick the next day and go to the Dr. Dr. does an x-ray of my neck and it's apparent that I was having neck spasm, medication has been prescribed. I visited my primary Dr. about 7 times the first month, while being off work. Different medications were given because they were either too strong or didn't work. I got 6 visits to PT, when that didn't help, I got 6 more. Seen Neuro, they did MRI of brain and it was negative. This whole time, I'm still complaining of body aches and that the meds aren't working. Out of work at this point for 3 months because I have very strict job requirements, my primary Dr. keeps putting things off, I was told that I would see a Ortho but with an HMO, I have to wait for ok. I get the ok for PT for my back and that doesn't help anything. Finally in Jan., I cry to my Dr. about my aches and pains in back, legs and arms. His response, I only send you to an Ortho if you really need it but I guess I will anyways. I see Ortho, he orders MRI of lower back and neck. Diagnoses are disc displacement and cervical spinal stenosis. I go back to my primary Dr. with diagnosis and his response was well everyone in a car accident has some sort of back issues. MY Ortho follow up recommends anterior and posterior spinal fusion for the back pain due to 9mm slippage. I am very reluctant because of the intensity of surgery as well as only 50% chance of recovery. During this whole time, I was dealing with the lady's insurance directly and once I got my diagnosis I retained a lawyer who seemed wonderful at the time. I retained him on 1/29, I handed him my big folder of documents on the injury and accident. I signed the proper papers immediately and faxed him anything that came my way. Since the accident since my company does not pay into disability, I have not been able to get the compensation, however, I did receive about 40% of my pay till 2/28/07. Needless to say, I have exhausted all my savings, my husband's 401k to supplement my income. Both of our credit is shot with numerous delinquents, the credit going down caused a big fight between my husband and I and he requested for a divorce because of the stress this accident was created. I do Real estate part-time but with the daily pain I'm in I have only been able to close 1 sale. When I call my attorney I speak with the paralegal, I have only spoken to him 3 times other than our first meeting. This last conversation put me over the edge....they have not been able to speak with the lady's insurance except for once since I retained them because her insurance AAA does not return calls, they have sent letters with no response and even left messages for the adjuster's boss with no response???? My attorney was trying to get a hold of my Ortho to see what the cash value of my surgery would be if I decided to get it, they finally spoke and apparently there is urgency in my surgery that was not said to me. I was told as long as I can handle the pain. The pain has gotten worst, I've been doing acupuncture as alternative therapy. Now I'm being told that my claim is worth a lot more if I do surgery but on the other hand if they don't know the limits of liability then I don't know how much I will be compensated. My point is this..for instance we are in CA, if her limits are the minimum of 15k, I do this surgery, that all I get for loss of wages, loss of a job, pain and suffering, credit ruined, no health ins cuz I'm not working, loss of a husband and the list can go on. His response was well I'm getting ready to go into a deposition and I'll be on vacation from Thursday to next Wednesday so if I don't hear from her insurance before then than I'll call them and that was it. I do not believe he is being aggressive enough, trying to get access to her policy information or even talking to the adjusters. I did mention in our last conversation, that I wanted to file a complaint with DOI so I wanted all the dates of contact or attempts to AAA and his response was why it won't go anywhere or do anything. I NEED HELP, I'M SO STRESSES OUT WHAT SHOULD I DO SO MANY PEOPLE THAT ARE NOT PROFESSIONALS ARE GIVING ME ADVICE AND I WANT A PRO!!!!!
AnswerHi Isabelle,
I'm sorry you are having such a hard time.
Injury claims can sometimes have a life of their own. Your attorney will make a formal demand for payment but only when all treatment is completed and all costs are known. It is hard for your attorney to make any any demands on the insurance company until you decide if you are going to have the surgery or not or possibly have it in the future. The insurance company will not pay any of the medical bills as they are incurrd. The will only make a one time lump sum settlement in exchange for a signed release form. Your attorney is correct that a complaint to the DOI will likely not be very helpful.
I think your attorney needs to send a certified letter to a claims manager explaining the problems he is having getting returned phone calls and demand that someone respond. He will also need to determine how much liability coverage they have. There is no point in beating a dead horse. There's not much more that I can tell you other than you need to stay on top of your attorney. However, you do need to continue to be patient as these things can sometimes drag out for a couple of years.
I hope this helps
Richard Hixenbaugh
