QuestionI was in an auto accident in Jan. The driver admitted that he didn't see me, and just came in to my lane, hitting me twice. The second time forcing me up on to the curb.
I was sore, but I wasn't in any major pain til the next day. I woke up and couldn'y move my neck. I also had a lot of bruising and swelling at my collar bone. They exray'd everything, and the exray's were negative, no breaks, but it showed a lot of swelling.
They said I had a moderate to severe neck sprain and a collar bone injury.
I visited my Doctor to follow up a few days later. The neck pain was so bad that it made me nauseous. I also was having pain down my left arm with numbness in my first three fingers. He prescribed physical therapy noting that what I had sounded like a neck sprain with a pinched nerve.
I went to PT for twelve weeks and I am feeling better. I still have some stiffness in my neck when I wake up in the morning, but they said that will be better over time.
I let the insurance company know I was done with treatment over a month ago. Last week my adjuster told me that she needs all my medical records before they can offer a settlement. She said that she requested them with no reply from my Doctors office. I called the med records dept and they were in fact sent two days after she requested them.
The next day when I called her back, her office said she was on a TWO week vacation and no one there was able to help me with the claim, but they could look at my file. I acted like I hadnt talked to my adjuster and asked this girl what I needed to get for my adjuster.
She looked and EVERYTHING was there. Medical records included. She read the date, three weeks prior, that they had been recieved.
My adjuster was back from her two week vacation last thursday and I called her to see if there was anything that I needed to sign, or additional records she needed. She said she was still waiting for the records. When I told her I called two weeks ago and her assistant had told me that those were rec'd and it was just waiting my adjusters analysis she got really mad. There was a long pause and she said she would get back to me. It is now Tuesday of the next week.
Are they playing games and dragging this out? Should I get a lawyer? I just want this all over with so that I can pay all these medical bills.
AnswerHi Tessa,
There's no doubt that you are being given the 'run around'. In my opinion, your first step is to file a complaint with the adjuster's supervisor. That should get immediate results.
Should immediate results not be forthcoming, you need to file a claim with the Texas Department of instance at:
https://wwwapps.tdi.state.tx.us./inter/perlroot/consumer/complform/complform.html
The last thing that you want to do is secure an attorney, because he is going to charge you at least 1/3 of your settlement.
Although at some point in time, you may have to secure an attorney, you want to try all other routes first.
I hope that you find this information to be of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
