QuestionMy wife was hit head-on by an Alltate-insured driver who swerved over the center line (to say the least). The other driver was given the ticket and 100% of the fault, per the police report. My wife gradually developed severe pain in her tailbone over the next 6-9 months, although unfortunately she didn't see a doctor right away.
We didn't know to fill out an application for "no fault" benefits at the time of the accident, and if the case isn't won, it seems we'd be on the hook for as much as $21k in related medical bills that our auto insurance company paid.
Allstate is denying our lawyer's settlement proposal, claiming that her injuries were not related to the accident. I am wondering if there has been some precedent as to the length of time an accident-related injury can develop in any settlement proceedings.
AnswerHi Brent,
Did you notice how I changed your title? It now states that we are going to address the fact that some injuries do not show themselves until later, and hence they are not reported within the time frames an insurance adjuster would deem reasonable.
It will be YOUR DOCTOR'S REPORTS that determine the strength of your wife's case. Do the doctors clearly state that her injuries were the result of the accident? If not, speak to your attorney about how to get them to sing a different tune on behalf of their patient.
A doctor should NEVER shy away from including an injury as having been caused by the crash just because it manifests later on. You may need to identify all of your activities that you used to do so that he can have the knowledge that this new impairment is in fact caused by the accident.
Our advice to our members seeking guidance for personal injury insurance claims at http://www.settlementcentral.com
is to fight to make sure the doctor DOES IN FACT include those delayed showings of pain within the injuries caused by the accident. For each injury there is a story, and given the fact that the injured person elected to wait to see if the pain would go away should NOT cause a denial of coverage for that injury.
We tell our members that there may be a dull ache at night following 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 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 CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
In direct answer to your question, YES, there are plenty of examples wherein the jury awarded full money damages for injuries that did not manifest until months following the accident. One additional fact in your favor is that you would have reported it sooner, except that the darn benefits form was difficult. That should help a little.
Finally, you have run up against the worst of auto insurance companies, at least according to the numerous examples of abuse by AllState as posted on the Internet. In my state, two years ago over 50% of their claims ended up in litigation. So please tell me how that is making their insureds in "good hands" when your own company exposes you to a lawsuit. Ahhhh . . . the lies of advertising.
Fight on and you will prevail. Do not be dismayed by this response from Allstate. Just let your attorney know ALL of the facts, including all of the activities you used to do BEFORE the accident.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
