Auto Insurance Claims: negotiating settlement - SOL running out, pain management doctor, spinal cord stimulator

Question
I was involved in a rear end collision in 2010. I am disabled and have pre-existing condition with Cervical and Lumbar fusion.

I tried getting legal help but was told there isn't much money in the settlement so they were not interested in my case.

I was sitting at a traffic light and saw the car behind me was not stopping. I was hit by a car traveling from 45+mph.  The insured was ticketed and admits full responsibility. Their airbags deployed on passenger and driver side.  My Dodge Caravan was totaled due to the frame being bent.

I was transported by ambulance as well as my son to the ER.  My son had mild whiplash and was released. I was given a CT of both Cervical Lumbar spine.  I had pain immediately in my neck an lower back. My left leg was in violent spasm during the ambulance ride to the ER. When I got to the ER I received pain medicines by IV. I could not have an MRI due to the fact I have a spinal cord stimulator in the lumbar area. I was released within a few hours. I was not given any medications as I already take morphine daily for pain.

The following day I had an epidural with my pain management doctor scheduled so that was a blessing! Unfortunately over the next two years I've had injections in my neck and lumbar area and things worsened not improved.

I went to physical therapy from 4/2010 -8/2010. The therapist told me that she had never seen anyone with muscle spasm as severe as mine. She said the only patient with similar problems was an MS patient.  I discontinued treatment because nothing was being accomplished and I couldn't afford to continue.

Over the next year I begged my pain management Dr. for any other solutions to manage the pain. It was a constant battle with him, it was always which are is the worse, your neck or the back. IT IS BOTH!!!The nerve pain in my legs had increased. I tried Gabepentin to try to ease the pain but it knocked me out. All I could do is sleep all day. Due to limitations with my private insurance coverage I could not afford Lyrica which was suggested to try. We finally decided to try Lyric when I got approval for the insurance company. It is a higher deductible. I have such a problem with all these medications. For me to be at a level where the pain is managed I am in a coma! I cannot take care of my family if I am sleeping all the time!  

I decided in 7/2011 to change doctors because I did not feel the current Dr. was listening to my problems.  When I went to the new doctor he told me that I have "drop foot" and prescribed a brace for my left leg.  This is the leg that was convulsing in the ambulance and at the hospital.  I may also add that my ability to walk has diminished in the past two years and I have noticed severe loss of muscle in my arms and legs.

I have trouble sitting for more than 20 minutes at a time. I get numbness in the back of my legs and pelvic area and it radiates down my legs. Many times I have to get help to get up.

I think that gives a little bit of a view of how my life has been over the last two years. My quality of life had greatly changed since the accident. My relationship with my husband has been impacted as well.

I spend most of my days in the bed.  If I am up and out of the house I have to take extra pain meds to do so.  I have two very active teen age boys. The depend on me to get them to sports activities. After these activities I have to go home to go to bed. It usually takes me almost the entire week to recover from these activities and I have to start over again.

Now this is my problem. I waited until 10/2011 to get all information to the insurance company. I waited until I was at my "maximum improvement".

I contacted the insurance company several times and they were always telling me I am reviewing your case.  Then in Jan. 2012 I was informed on one of my phone calls to the agent that my case was turned over to someone else. This is when it gets really bad.

I call the insurance company at least once a week to try to get the status. The problem is the claims agent tells me that he has a stack of claims and he will get to it when he can. Promises were made that he would look at my file over the weekend one week after the other. Meanwhile the statute of limitation is running out.

I finally got this guy to reviews my file and tell me what is going on.  He tells me what bills he has (some of what have been lost) and what I need to get him.  This agent has been very professional and helpful to me. He didn't have to work with me the way he has.  I told him I don't want to get an attorney involved but if necessary I will. He advised I may want to get an attorney hired because of the statute of limitations.  

Over the last 3 weeks I feel like I have been getting the run around. I told him If they don't make an offer I will get an attorney involved immediately.

We reviewed the case on Monday night. I settled my son's portion of the bill but he said he has to get with his supervisor to get approval to make an offer.  He has tried on numerous occasions to get me to give a dollar amount but I have refused to do so.

My total medical bills are $30k +/-.  I have no idea what the limits are with the insured's policy.  I also do not know what is a fair amount to ask for in the settlement.

I have one week to settle the claim and I am sure they are going to drag this out until the very last day.

What do you feel is a fair settlement amount and is it too late for lawyers?

Thanks
Nan

Answer
Nan:

First and foremost: I don’t offer or provide legal advice as I am no longer a licensed claims adjuster or an attorney.

I am sorry to hear of your pre-existing injuries and those most recent.

Due to the severity of damages it is likely that you have what is referred to as an “exacerbation of a pre-existing condition” which is quite common and dealt with regularly.

I don’t know the limits of liability of the other party or if you had Un-insured Motorists (UM) or  Med Pay coverage’s etc. so I don’t know what, if anything, may be inhibiting legal counsel from representing you.

I strongly encourage you to seek and engage competent legal counsel and have them do what it is they need to do to not allow the statute of limitations to expire.

The insurer could very well be stalling as this unfortunately is one of many insurers’ tactics on minimizing claims expense. Don’t allow your personal feelings to interfere with your rights of recovery.

If it were I or a loved one, I would encourage them to do as stated above.

By best to you for a full and speedy recovery and a fair and equitable settlement of your remaining damages.

Hope this has been of some help.

Barrett