Auto Insurance Claims: Personal Liability Claim, nissan pathfinder, dormant condition

Question
QUESTION: Hi,
I was in an auto accident in February 2010.  It happened on an expressway where there were 4 lines of stopped traffic.  The car behind me did not see all stopped traffic and rear-ended me totaling my Nissan Pathfinder.  I have scoliosis with thoracic and lumbar Herrington Rods.  I was diagnosed with whiplash and a herniated disc with the hernia on the inside next to my spinal cord.  

Prior to the accident, I was having trouble with lower back pain due to the scoliosis.  (Due to the rods L1 and L2 have degenerative discs.)  I was able to lay down for 6-7 hours tops a night.  After the accident that amount decreased to 4-5 hours.  All my orthopedist said was, “Pre-existing dormant condition brought into painful reality by MVA.”  He did was treated me with pain meds.

I went to therapy from March through May where they told me I was as good as I was going to get.  I am able to lie down for about 5-6 hours before I have to get up due to the pain.

Given the location of the hernia and back problems, I’m not sure what a fair value would be for this claim.  Any advice would be greatly appreciated!

ANSWER: Hi Tammy,

I'm sorry you're going through this.

You should expect a substantial fight from the insurance company regarding anything other than a token payment. They will try to blame the majority of any pain and other issues you have on the pre-existing condition. About the best you can hope for is to have your medical bills paid plus a little extra for pain & suffering.

Since your claim is complicated by having pre-existing conditions to the same area as the accident injury, if you do not feel you are being ttreated fairly, you may want to consult with an attorney.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: When you say "the best you can hope for to have your medical bills paid plus a little extra for pain %26 suffering", I live in KY which is a no fault state.  My insurance company has paid my medical bills.  Am I looking for them to pay me what has been paid in medical bills plus a little extra or just the little extra?

Answer
Hi Tammy,

Since yopu have PIP coverage, you would likely then only be looking at the little extra. In some states that have PIP coverage there is no offset. So it is possible you may get both but you may have to reimburse your PIP company for the payments they have made.

You should call your insurance company to ask how it specifically works in your state.

I hope this helps
Richard Hixenbaugh