Auto Insurance Claims: Accident Inquiry: Settlement, social security disability, tax evasion


Question
Dear Mr. Painter,
I was involved in a rear-end collision last august. I was not at fault and the drive behind me was a disabled driver (Hearing impaired). Long and the short of it, USAA (His INS company) paid to fix my vehicle in full (satisfactory). I am have recently finished my the Physical Therapy for my back and am now waiting on the medical settlement. I have consulted my family lawyer, however, since my back was sprained and not truly injured I decided to hold off filing a full blown case. The medical bills totaled to just over 4500$ of which; PIP covered 2500 from my insurance and then my medical insurance has picked up the vast majority of the remainder. How much should I expect the settlement offer from USAA to be? What's fair and what should I be concerned most about?
Regards,
-Shawn

Answer
Hello,

There are many things here you have not addressed. Your age, your general health, how hard the impact was etc.
I would tell you from experience, give it as long as you can as per state statutes and don't just grab the money.

Its good you have an attorney.

I was rear ended 13 years ago at 60mph while waiting for a red light. I was 45 years old and relatively healthy. My case was great. I got hit by a school bus with no kids, by a convicted felon. I had an accident reconstructionist.
The nature of my injuries now after 13 years is that I border on the use of a wheel chair. I have 10 herniated or bulged discs and two totally destroyed knees.
My case went south because my expert chiropractor forgot to tell me he was going to prison for tax evasion.

After everything was paid, the attorney, the med bills, I ended up with $40,000. Lost my business, went through a divorce after being married 20 years and have very little material things left.

I saw this coming in 1999-2000. I predicted it. I hate it when I am right. I am now on social security disability because of my physical condition, all because of a jerk doing dope and not paying attention.

I am fortunate though because I still can share my knowledge with people.

Don't be concerned about me, but realize this can happen to you! Originally I was told my back and neck only had sprains. If I would have gotten proper medical assistance at the time, things may be different.

Be darn sure that you don't have a disc problem in the neck or back. If you still have pain, go to a chiro or a good doctor and get MRI's. This is nothing to screw with and you need to look out for your future.

You say you were not truly injured. Are you sure? It doesn't take much from a rear end collision to do soft tissue damage.

My ex-fell off a ladder. The company doctor called her neck injury a sprain. She had 2 painful herniated disc surgeries on her neck. She is on heavy duty pain killers and still not fixed!

You need to ask your attorney for settlement amounts. I have no way of knowing all your facts.

I am just telling you to make sure you are not injured and that something won't rear its head in the future.

Good Luck!