Auto Insurance Claims: insurance settlement, sprains strains, pinched nerve


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my husband, daughter and myself were at a red light when a company truck hit us from behind. my
daughter and I had to got to the doctor for neck
shoulder and back pain. We were treated for whip
lash. my daughter went to therapy and is through
with treatment but still has some pain in the neck. the insurance co wants to settle with her
for 6,500. her medical bills totaled 4,500. she has signed no papers - does seem fair?  A CT on
me revealed underlying osteoporosis manifested by wreck. my right arm goes to sleep when I hold my
head a certain way. Surgeon recommended surgery
when it stays a sleep or when the pain is too severe to tolerate. insurance has not contacted me
what are my options?
Answer -
Lot of questions to start with....

What State are you in? Georgia

Is it a No Faul state?  If not, do you have Medical Payments (MP) coverage on your own policy and if so have you submitted MP claim(s) to your company?

Who is the insurance company for the other party? Cotton States

How much property damage (PD) was done to the rear of you vehicle? 2,500.00

Was your vehicle towed? no

Did the police make a report? yes

Did any claim to be injured while at the scene?  If som whom? no

Is your daughter an adult or minor? adult

How does her medical bills break down between ER, Fam MD, Specialist(s), Chiro, Phy Therapy, Diagnostics, etc.? Fam MD 294.00  Spec 4,000.00  PT 200.00 (this is approximate - but close)

How long did she treat (duration and frequency)?Dec 04 - March 05

Are her injuries all soft tissue in nature (sprains, strains, etc)? pinched nerve was diagnosed

As to you.... osteoporosis is a pre-existing condition that may have been aggravated by the accident on a transient basis.  Have you treated for this condition before the MVA?  Has surgery been suggested before (the MVA)? No to both questions. I was diagnosed with it after a MRI was done. The MRI was ordered to see why my arm keeps going to sleep.

Why would the at-fault's insurer be working with your daughter as to her claim and not you? She was released from the doctors care. I am still in therapy.

Get back to me re the above and we'll try and sort this matter out...

Plese take the time to rate this initial response in the various catagoties....


Thanks




Answer -
Never heard of Cotton States Insurance....in our area it is well known based out of Atlanta.

When you say $4,000 for specialist.. what type of specialist and what did he/she do for $4,000.00 Neurologist at the Medical College of Ga, Augusta, GA

The amt of bills incurred by your daughter for the type of injuries she sustained are well above what is normally seen.

Does your daughter work?  If so did she lose time from work? She does not work

Is Ga a No Fault state? yes

If not, do you have Medical Paymanets coverage and it so, did you present bills to your company for payment?

When did your daughter first seek medical treatment following the accident? She waited 7 days, thinking it was just whip lash and would go away.

When did you first seek medical treatment following the accident? The next morning after the wreck. Like my daughter, thought the pain would just go away, but got worse.

Exactly what type of surgery is being suggested for you? The area between C-5 & C-6 has narrowed and is pressing on a nerve.

Things are starting to come into focus but I need answers to the above......

Answer
The fact that GA is a No Fault state CHANGES EVERYTHING.

There are approx 15-20 No Fault states and each of them has different No Fault laws on the books re your ability to make a claim....

I am not knowledgable re GA No Fault and the all important "threshold" issue(s) which control when you can and when you can't bring a tort claim.

Given the nature of your complaints and the amount of your medical bills I would suggest that you consider "speaking" with an attorney (who is well versed in GA No Fault and GA Tort law) and see what he/she has to say and proceed accordingly.