QuestionHello Dr. Settlement
I reside in California. I was recently rear ended about a little over a month ago by a speeding driver who didn't pay attention to the road. He was traveling at over 50 mph (admitted by himself and numerous witnesses) when he hit my car and he never applied his brake. My car is totaled with over $12,000 in damages. I was taken to the E.R. and was released when they say that they didn't find any broken bones. I went to a few doctor visits for chest tightness and tingling/numbness on one side of my body (problem has still not been identified yet). I am also seeing a chiropractor for my back and neck pains. X-rays have shown that there is damage to my spinal cord in the neck and lower back area.
I have already used up all my med-pay from my treatments and diagnostic so far. The treatment is ongoing and I am referred to specialist by the doctor to help find the source of my the problem/symptom. Is there any way to defer the medical bills to be paid upon later?
Also after informing the at-fault party's insurance agent of my medical condition she wants me to settle the case for a few hundred dollars over the medical bills. I find this highly unethical of them. Can I file a complaint somewhere against the agent or their company?
Thanks,
Liam
AnswerHi Liam,
First off, you were hit at such a high speed that the trauma your body suffered will produce long term injuries. Hence, DO NOT SETTLE EARLY. It will take a minimum of six months to one year for you to know the extent of your injuries and how they will impact your life.
DO NOT SETTLE YOUR CLAIM UNLESS ALL OF YOU ARE ABSOLUTELY CERTAIN THAT SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Let's just finish up this topic of early settlements so you get the full picture of the advantage to them and the risks to you. Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued medical/therapeutic care over the months. Therefore, the insurance adjuster will try to settle before the claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three months of treatment.
In soft tissue cases such as this, the full extent of most injuries is not known immediately after finishing early rounds of treatment, because the injured person has to undergo some of the wear and tear of everyday life, including the pounding her body will receive from a day's work. Even jobs that appear not to be physically demanding can be hard on an injured body.
For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your wife's body will respond until she has experienced sufficient physical exposure to load-test the scar tissue as she heals.
Plus, who will pay for your medical care incurred AFTER you settle? What if you were to settle now and nine months later when you are suffering at work and the pain starts to become too much, and you go to a doctor only to discover that you can expect a course of treatment that will cost a lot of money? After you settle your claims, all further treatment is YOUR responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement.
Here is a page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, THAT IS IT: you and your roommate will never see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
I know that you think this is going on too far with this one topic, Liam, but I HAVE TO TELL YOU that this is a REAL danger that I have seen many times. So just have patience a bit longer and commit yourself to convey the following to your family:
There may be a dull ache at night following a day at work or some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious fractures and soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A FALL ACCIDENT http://www.settlementcentral.com/page0104.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
Now, about that radiating pain: get a referral to a neurologist ASAP. The neurologist will work with the chiropractor or with physical therapy, but it better to have a neurologist on your team when you have radiating pain.
As for how to pay for it: use your health care if you have run out of the auto insurance med/pay.
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Personal Injury Insurance Claim Medical Bills http://www.settlementcentral.com/page0201.htm Insurance Company Payment of Injury Medical Expenses as Incurred
Medical Care Documentation-the Key to Successful Personal Injury
Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
What if you have no medical insurance? You can submit the bills to the tortfeasor's company, but likely they are not going to pay them inasmuch as they want to put the pressure on you to settle early.
So you can try for an irrevocable lien. See if the doctor will accept an irrevocable lien against your insurance award. In the lien you will guarantee that the doctor gets first dollar off your award until his bills are paid in full.
We teach our members how to do this with a series of forms and letters to send and to record of record. You could ask an attorney to do it if the cost is a lot less than our membership cost of $100. Or you could ask the doctor if she has a lien form for you to sign.
Bottom line: (1) your case is worth a LOT more money than she offered; (2) communicate in writing next.
FINAL TOPIC, Liam: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. 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.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
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
