QuestionQUESTION: Last week on a 2-way street, my kids (sons 3 &4) and I were on our way to church when a young girl (18) crossed the lane of traffic and hit my back driver's side. My car tail-spinned and the car behind her hit my other side, sending us into a guardrail. I don't remember anything, but this is what the police report says. I was unconscious when they got there and still remember nothing. Some passerbys (I am told) took my kids out of the car and said I was not awake. Somehow my husband says I called him 3x's saying the same thing. I remember nothing. My 4 yr old was fine. My 3 year old and I were taken by ambulance to a hospital that could focus on Head Traumas. We were both diagnosed w/ concussions. I had a head CT and they did his head, neck and spine because of his age. I went to another hospital on 12/23/07 because I could not raise my arm. They did xrays and gave me a sling. I have been prescribed vicodin, darvocet and a muscle relaxer. I scheduled f/u appts for us both on Friday where I was diagnosed w/ Post Concussion Syndrome and told by my family physician it would take 6-12 to recover. He also noted my neck strain, but made no future recommendations. He seems to be recovering well and the doctor seems to think he will be fine although his play is still "restricted" by us because we don't want a recurring injury. Her company is already accepting 100% liability.
We have taken daily pictures of my injuries and my son's which we time-stamped and are having made outside the home. Christmas, which I have planned for for two months was a wash- I was in bed most of the time with headaches. I couldn't visit with family visiting from out of town. I also sent my journal of my injuries daily to myself via email (to date it) and a copy to a lawyer (I will use if necessary).My husband is using 2 weeks vacation ($3500 his pay) to take care of me and my sons- no marital releations, I can't cook for us, I couldn't cook for the holidays, we couldn't go out as a family, etc...
I own my on Stay At Home Business, but mostly I am still an at-home mom. I have strong headaches still and have not driven yet.
What is a good settlement? So far my son's medical bills are about $4500 and mine are $6000. I would appreciate any insight. We have already resolved that the liable insurance company will cover all medical bills and my totalled car using NADA.
ANSWER: Hello,
I'm sorry to hear of your and your childs injuries and do wish you both a full and speedy recovery.
The statue of limitations in Indiana to settle a personal injury claim is two years, so there is no reason to rush into a settlement nor secure the services of an attorney, unless you can't settle this claim within 18 months.
If your Doctor is expecting a full recovery within 12+ weeks, this is a claim that you can easily settle without having to pay the attorney 1/3 or more of your total settlement.
First, let me make a few recommendations. If you carry medical payment coverage under your own auto policy, have your own company pay your bills. They do not require that they be reimbursed from any future recovery.
By allowing the at fault company to pay your medical bills, they will automatically deduct that amount from any future settlement.
You mention that your Doctor noted your neck strain but made no recommendations for treatment. You need to inform him/her that you feel that Physical Therapy would be a help in your recovery and request a prescription for such services.
A personal injury claim has a value of a factor times your total economic losses. This includes Ambulance, ER visit, all tests, Doctor bills, Physical therapy bills, prescription drugs and round trip mileage for each visit at $0.43 per mile. Please do not seek treatment with a Chiropractor. An insurance company will only consider about 50% of their bill toward settlement.
You should start building a file for yourself and your son containing copies of each of these documents and charges.
Once you and your son have both recovered and been fully released by the attending physicians, total each of your 'specials' (economic losses), write a demand letter for 3.2 times the total and submit it along with copies of each of your medical bills.
The insurance company will offer a much lower amount, but through the process of negotiation you should be able to reach a settlement of 2.5 - 2.75 times your specials.
Once you reach a settlement for your own injuries, you should be immediately be issued a check.
Settlement for minor children require court approval. Once you reach an agreement for settlement a private court appearance for the insurance company attorney and your family will be made with a judge. After reviewing the injuries, agreement and probably a few questions for each party, the judge will approve the settlement to be put in an interest bearing trust account on your sons behalf until his 18th birthday.
I hope this has been of help, please write again if you feel that I can be of more assistance.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
---------- FOLLOW-UP ----------
QUESTION: My adjuster was not very helpful. I do carry medical coverage up to 5000 per person through Indiana Farm Bureau. Does this mean, I can get the money from the liable insurer and still not have to pay my insurance back or deduct from my settlement?
By the way, thank you so much for this service you provide. I felt so helpless and I can't tell you how much this means to me.
ANSWER: Hello,
Yes, you can have Indiana Farm Bureau pay the medical bills up to $5,000 per person without the obligation of making any reimbursement to them. This is a benefit that you are paying for and have every legal right to collect.
Sincerely,
Bennie
---------- FOLLOW-UP ----------
QUESTION: To clarify, will they then seek reimbursement from the other insurer and in turn that insurer deduct it from my claim?
I apologize for so many questions, but thanks!
AnswerHello,
You have paid an annual premium for medical payment coverage.
You have every legal right to demand Indiana Farm Bureau to pay your medical bills up to $5,000 per person.
They have no legal right to recover those monies from the adverse insurance company nor to require you to reimburse them from you final settlement.Hope this is of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
