QuestionHi Mr. Nussbaum,
On Monday October 8, 2007, I was traveling Northbound on Rt 77, near Caldwell, OH on a work related trip. The weather was clear, the road was dry. I was in the right lane driving the posted speed limit. I suddenly noticed two cars to my rear approaching at a very high rate of speed. These two cars did not slow down, and cut between me and the car adjacent to me, causing me to slam on my brakes and spin off to the median with a flat tire. Needless to say, I was extremely shaken up by this. I changed the tire, composed myself, and continued on my trip. About two weeks following this accident, I began to experience panic and anxiety symptoms while driving. At first the panic attacks were manageable. However, as time progressed the symptoms worsened going into January and February and I decided to see my PCP who diagnosed this as PTSD/Anxiety. On March 7, I experienced a debilitating panic attack while driving to Robinson Twp. It occurred at about 8:30 PM, the roads were dry and traffic-free, when all of a sudden, I was thunderstruck. I had to pull over and get out of the car for almost an hour and 15 minutes. After this point, I was completely unable to drive without feeling extreme panic and anxiety, which has resulted to where I am medically today – dealing with severe panic disorder, agoraphobia and heart arrhythmia. My doctor has signed disability paperwork, stating my issues and the causation of my medical conditions. As a result of this incident on Rt 77, I am no longer able to drive more than a mile from my home, I am extremely panic stricken when behind the wheel driving, and I am unable to seek employment as a result of the agoraphobia. Needless to say, this has been devastating emotionally, physically and financially. My financial obligations are delinquent; my credit score has dropped, my financed vehicle was recently repossessed. Again, my doctor didn't connect this event to my medical condition until last week. I have been told that I should file a UIM claim with my insurance company (PA has a 4 year statute of limitations for UIM claims) and Workers Comp against my former employer. I am completely confused as to what I can do in this situation. Any help would be immensely appreciated.
AnswerWayne,
From the totality of your story it sounds like you need to obtain legal advise from a local attorney. The claims you are making sound life changing and will require significant investigation for all sides. The laws of each state are different regarding the ability to present UIM claims and their interplay with workers compensation claims.
Best of Luck.
Marc B. Nussbaum, Esquire
