QuestionWhere to start...January of 2005. Events covering the last 16-17 monts: I was struck by a car that pulled out in front of a UPS truck from a stop sign. I was in the left lane next to a large delivery truck. The car pulled into my lane quickly to avoid being hit by the truck, but did not see me (I don't think). The thing is he kept hitting me pushing my vehicle onto the raised median forcing me off the road. the truck beside me never stopped. I did get the name of a witness that heard the accident, but didn't see anything. He heard me honk then heard the crash. The police were called, but no report made. The officer told us (the other driver and me)that since we had exchanged information it was not required. I did say that I was hurting, but did not want to go to the hospital right then. The accident was on a Friday and I stayed home through Monday. I scheduled an appointment to see my doctor, but had to cancel due to events that followed. My father and mother both had heart surgeries within the 2-3 weeks that followed. I talked to an adjuster and told her that my mother was seriously ill and that I could not think of dealing with anything relating to the accident at that time. I later went to see a doctor and consulted with an attorney. My injuries increasingly became worse. Injuries included in a diagnosis with the first doctor are lumbosacral strain, sacroiliac strain, left shoulder strain, cervicothracic strain, and posttraumatic cephalgia spasm. I could not drive far without increased pain in my left shoulder and arm and my back would hurt so bad that I could not work at a computer for more than a few minutes at a time. I had been in treatment for injuries to my shoulder and back for about a month when low-and-behold I was hit again from behind in a second accident six weeks later. There was a police report on this accident, and they claimed I was 30% at fault. I had gone through so much from the first accident it was not worth fighting the report, but myself and a witness disagreed with the findings of the officer that wrote the report that I was at fault at all. The other person in the second accident was speeding and failed to yeild my car exiting the highway. The insurance company from the second accident settled with me. What my questions are for the January 2005 accident: 1) The first doctor I was seeing for the January accident released me when I told him I was in another car accident and includes in his chart notes that I had a second accident and that he was releasing me to pursue treatment elsewhere for the second accident, and abruptly stopped treatment for the January accident. 2) After going through an additional 3 months of therapy with another doctor and then seeking further treatment with a specialist, including surgery on my shoulder (sought two opinions before surgery) and a few more doctor visits and therapy...now my attorney after 16 months tells me that they are releasing my case. The attorney's office had staffing problems and had said that it was not in the best interest finacially for them to pursue my case. Will this hurt my claim? I have since lost my personal insurance and can't afford to get further therapy treatments that I really need. I understand that there is a time frame for these types of claims, so that is a concern. I have prepared a demand letter, but my medical bills are very high compared to my car damage. Car was $2131.29 and my Medical is over $25,000.00 and loss wages approxiamately $4700. I don't want to ask for too much, but certainly don't want to ask for too little. I am also a little concerned about their insurance company asking to see all my medical records and that they can share that information...What does that mean? Should I sign these documents? Will they try to blame my injuries on the second accident, even though the doctor mentioned those injuries were being treated for the January accident? Sorry there are so many questions, and I hope that I didn't completely confuse you, but need to know if the second accident will hurt my claim for the first accident.
thank you for your time.
sincerely,
lg
AnswerTwo consecutive injury car accidents
Injured once then another car accident injury
Allocating injuries between two car accidents
Settling one insurance claim too early
Consistent medical treatment two car accidents
No lien for attorney fees
Changing attorneys do not sign lien for fees
Do not sign blanked medical release or medical authorization for insurance company
Making changes on medical release forms from insurance company
Authorization for release of medical records insurance company
Dear Linda,
Sorry for the delay; going to bed so late after I finally got home from the replacement flight (after 4 AM) used to be something I might recover from pretty fast, but not these days, at this age. So I got behind on my work and I hope my delay did not result in any anxiety or loss on your part.
Yours is a complex situation. It is also a serious case, with the potential of a LARGE INSURANCE CLAIM SETTLEMENT. In this particular case, YOU MUST HIRE AN ATTORNEY. I usually encourage people to try to resolve claims by themselves before involving an attorney. For example, without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
But in your situation I would most strongly advise DO NOT TRY THIS ON YOUR OWN. There are too many wild cards in the mix. Here, let me deal you one now, which you already alluded to in your question from above.
"Will they try to blame my injuries on the second accident, even though the doctor mentioned those injuries were being treated for the January accident?"
THREE REASONS TO HIRE AN ATTORNEY ASAP.
1. YOU SHOULD NOT HAVE SETTLED THE SECOND CLAIM because of: a) INDIVISIBLE HARM—what if you cannot meet your burden of proof; and b)THE EMPTY CHAIR DEFENSE
2. MIXED UP MEDICAL RECORD—A DOCTOR STOPPING TREATMENT AND YOUR HAVING QUIT TREATMENT COMPLICATES THE PICTURE
3. POTENTIAL STATUTE OF LIMITATIONS PROBLEM SHOULD YOU TRY TO SETTLE AND IT DRAGS OUT IN TO FALL (if your state is a two-year state)
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
1. YOU SHOULD NOT HAVE SETTLED THE SECOND CLAIM because of: a) INDIVISIBLE HARM—what if you cannot meet your burden of proof; and b)THE EMPTY CHAIR DEFENSE
It will be your burden of proof to show how your PRESENT condition (or anything after the second accident) is caused by the first accident. In this, the defense has to concede your condition up to the second accident—they will give you that much.
BUT, you may have trouble meeting your burden of proof as to your condition after the second accident.
Can your new or former doctors segregate the harm caused between the two accidents? This is a tough proposition since you were fired by your first doctor. Hence, the new doctor has no idea of what came before the second accident versus what was caused by the second accident.
Thus, the defense for the first accident can ask the court to exclude any testimony regarding the harm suffered after the second accident and to date and in the future on the grounds that you have not met your burden of proof as to causation of that pain and suffering.
Secondly, the defense can use the "empty chair" defense. They will fight apportionment and claim that the major share of your pain and suffering from the date of the second accident was due to the second accident, and THAT tortfeasor is nowhere to be seen in the courtroom, hence the name, "empty chair" defense.
2. MIXED UP MEDICAL RECORD—A DOCTOR STOPPING TREATMENT AND YOUR HAVING QUIT TREATMENT COMPLICATES THE PICTURE
I cannot imagine why your doctor fired you as a patient. But that surely complicates the picture, as discussed above. Moreover, you have at first delayed treatment (albeit for "good" reasons—but still, that will be used by the defense to show you were never all that much in serious need of treatment UNTIL the second accident). Then you started up and now stopped again.
So, your mixed medical record will be subject to attack and an attorney can best fashion a way to handle that.
3. POTENTIAL STATUTE OF LIMITATIONS PROBLEM SHOULD YOU TRY TO SETTLE AND IT DRAGS OUT IN TO FALL (if your state is a two-year state)
If you do not get an attorney right now, and should your state have only a two year personal injury statute of limitations, you could find yourself in a bind should this thing drag out in to the Fall. Check it out for your state: Directory of Legal Information Statute of Limitations for Personal Injury Insurance Claims Motor Vehicle Accidents http://www.settlementcentral.com/page0452.htm
Here are some miscellaneous topics from your write-up.
4. DO NOT SIGN ANY LIEN OR ANY OTHER DOCUMENT FROM YOUR OLD ATTORNEY.
You got fired by your attorney. That will tell any other attorney something about this claim. We do a great service to the public in many ways, but bottom line, we have to make money to keep the doors open and the staff paid.
We will work on any case if it is a money-maker. Something in your claim told your attorney that your claim was not a good one because it would require too much work or too much risk.
What if your first attorney should try to get a lien on the file for work done to date? I would tell him, "NO LIEN UNLESS I FIRED YOU." Since HE fired YOU, he goes without his supper: do not sign a lien for him. Let your new attorney pick up the file—don't you do it.
If you cannot find a new attorney, or you need help, I will do it for free. Http://www.SettlementCentral.Com personal injury attorney program charges no fees whatsoever to the site visitor or to the attorney. We do it as a service to injured persons. Write to me at the site, and mention allexperts.com so I will know how we met.
5. DO NOT SIGN BLANKET MEDICAL RELEASES, or releases that will allow them to share your records, or releases with blank dates.
You get my personal award for ALERT CONSUMER OF THE MONTH! Most of us just go ahead and sign away on those forms. But there are other ways to settle a claim without giving the adjuster the keys to go rummage around in your personal life closet.
Take a look at one of our newsletter articles on this topic and you can see that you did the right thing in refusing to sign the insurance authorization: Should I Sign the "Authorization for Release of Medical Records" Sent by the Insurance Claims Adjuster?http://www.settlementcentral.com/newsletter0309.htm
Just be aware in this age of corporate rule, anyone of us who dares try to color outside the lines will be labeled a near-terrorist. They will be suspicious of you for wanting to preserve your privacy. But if you are willing to go thru some steps to do so, you can satisfy both the adjuster AND preserve your privacy.
There is nothing at all wrong with your gathering all of the records for the adjuster, EXCEPT THAT YOU HAVE NOW AROUSED HER SUSPICIONS that you are hiding something. First, you compile your own set of medical records that are relevant to your medical condition and all accident-related injuries.
You have to satisfy her that what you are giving to her is accurate. So we have a way to provide assurances she needs whilst still preserving your secrets. Thus you will next use a slick little technique that we have reserved for our members on my website (http://www.SettlementCentral.Com), but which I will share with you at no cost to you. I am just not going to post it here for everyone else to see. Send me an e-mail from my site, identify how we met so I can remember you, and mention this in particular and I will divulge some of the technique to you so you can do it yourself.
The way around that is for you to go ahead and gather all of the records, but use the letter I am going to send to you for your doctors to tell this adjuster that you have not had any prior problems of this nature.
NEVER SIGN A "BLANKET" MEDICAL AUTHORIZATION------yes, you CAN MAKE CHANGES ON THEIR FORM if you so desire.
Medical authorizations are usually "blanket" forms, meaning that the adjuster gets to go "fishing" through all of your life's records. That is why we do not like to give blanket medical authorizations to the insurance claims adjuster.
At http://www.SettlementCentral.Com we teach our members to limit the forms in both scope and time. We then have a way to get the doctors to acknowledge that no prior problems of this nature appeared before. Upon your request to me via my site, I will e-mail you some private materials on that topic soon.
Be prepared for the adjuster to give a lecture that you cannot change their cute little authorization form. Some get nasty, and others will be on-guard or suspicious is also how they can act if you make any changes in their documents.
But is makes no sense: it is inane for adjusters to suggest that you cannot alter the authorization form that they want you to sign. We tell our members to line through what they do not want, and to interlineate (write your changes with pen and ink) to add what they want added, right on the original authorization. The adjuster is wrong: the world will not collapse if she does not get her pretty little authorization back just the way she sent it out to you. It still is effective as a release if you initial or sign by the places were you added or altered the printed text.
YOU LET ME KNOW ASAP IF THIS ADJUSTER TELLS YOU THAT SHE CANNOT EVALUATE YOUR CLAIM UNLESS YOU SIGN HER RELEASE FORM. I will help you draft your complaint to your state insurance commissioner http://www.settlementcentral.com/links.php Some adjusters have used that abusive tactic, but they cannot do so. If she were to tell you that, it sounds like a potential bad faith adjusting practice
WHAT ABOUT THE ADJUSTER TELLING YOU TO LEAVE THE DATE BLANK?
Ahhh, yet another little adjuster trick! Some doctors and hospitals got wise to adjusters sending in authorizations that they obtained six months before, and thus refused to honor stale authorizations. In response, the adjusters get signatures on undated originals, and they will make photocopies of your original and then whenever they want records they will fill in the date so it always looks like a "fresh" authorization. Neat, huh?
Meantime, since your adjuster could be deep into her bag of tricks, you better bone up on some of the other Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Always communicate with the adjuster in writing. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
I trust that my extra 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
