QuestionLast week my wife, who is about seven and a half months pregnant, and my 22 month old daughter were rear ended. There were minor damages to the car but my unborn kid is what I am worried about. I took her to the ER that night to be checked out, she was having a lot of contractions but was released and told she needs to take it easy. She has been having a lot of contractions since. Last night they got worse. We took her to the labor and delivery where she was hooked up again. She was up to about 2 to 3 every 10 minutes. They did an internal exam and she is showing signs of delivering well before her due date. They put her on meds to keep the contractions down and sent her home after 5 hours of being under observation. She went in to her doctor this morning and he stated that she just needed to get thought this week and the baby should be OK. I talked with the adjuster and he said that I should wait out the claim to see what happens with the delivery. He also stated that we have to prove that the issues were caused by the accident. He said that if I wanted I could take "a couple bucks and sign the release of liability" but recommended waiting it out. So I guess my question is 1) how do I prove that these complications are caused by the accident. Especially being that there isn't much damage to my car. His car took more of a beating but they didn't check his because he isn't going to fix his old truck. 2) Should I wait out the process of having the kid and see what complications come with it, or what would be a reasonable settlement check from the insurance company. 3) I've been using my med insurance though the Army to pay for the complications, do I need to have the auto insurance company pay back Tricare, my health insurance company.
Thanks,
Landon
AnswerDear Landon,
Thanks be given that your wife and child were not seriously injured. One hopes that from all signs the delivery will be normal. But your doctor will be the one who can tell if anything is not right.
I think you and your wife should both get a settlement award for the emotional distress you have been through over this. Since emotional distress cannot be proven without medical testimony, be sure both she and you let the doctor know how upsetting and distressing this has been and make sure he at least puts a comment to that effect into her records, including that he counseled her on that topic.
In direct answer to your questions (I have to use ALL CAPS to distinguish my ANSWERS from your questions, OK?):
1) how do I prove that these complications are caused by the accident. Especially being that there isn't much damage to my car. His car took more of a beating but they didn't check his because he isn't going to fix his old truck.
YOUR DOCTOR IS THE ONLY WAY TO PROVE THIS. HE HAS TO SAY THAT IT IS MORE LIKELY THAN NOT THAT THIS TRAUMA CAUSED THESE PROBLEMS.
AS FOR THE CRASH, GO TO THE POLICE REPORT TO LEARN HIS ADDRESS AND TAKE SOME PHOTOS OF HIS TRUCK. YOU COULD GO THERE AND SEE IF IT IS ON THE STREET. OR IF NOT, ASK HIM AND HE SHOULD ALLOW IT. THAT WILL PROVE THE IMPACT WAS SUFFICIENT TO CAUSE YOUR WIFE'S PROBLEMS.
NOTE THIS WELL, LANDON: IF THIS SITUATION WORSENS GET IN TOUCH WITH AN ATTORNEY ASAP. IF YOU DO NOT KNOW WHO TO CALL, CONTACT ME AT MY SITE (SEE BELOW--USING THE "CONTACT US" FORM) AND I WILL FIND A QUALIFIED ATTORNEY SHOULD THE CASE BECOME MORE SERIOUS. THERE IS NO CHARGE TO EITHER YOU OR TO THE ATTORNEY. AT WWW.SETTLEMENTCENTRAL.COM INJURED PERSONS ARE OUR PURPOSE SO WE ARE HERE TO SERVE YOU HOWEVER WE CAN. JUST BE SURE TO IDENTIFY WHERE WE MET SO I WILL REMEMBER YOU.
2) Should I wait out the process of having the kid and see what complications come with it, or what would be a reasonable settlement check from the insurance company.
ABSOLUTELY WAIT IT OUT. LETS SEE WHAT HAPPENS. IF ALL IS WELL, THEN MAKE SURE YOU HAVE THE DISTRESS ASPECT COVERED FOR DAMAGES. PLUS, IT IS TOO SOON TO NOTICE THE SOFT TISSUE INJURIES YOUR WIFE SUFFERED. I AM GOING TO BET THAT ONCE THIS CURRENT ANXIETY DIES DOWN, SHE IS GOING TO START TO NOTICE DULL ACHES AND PAINS, ESPECIALLY AT NIGHT. WHEN THIS HAPPENS, DO NOT DELAY GETTING INTO A DOCTOR FOR HELP ASAP. BY THE WAY, IF SHE IS FEELING THAT NOW, BE DARN SURE TO MENTION IT TO HER DOCTOR AND MAKE SURE HE PUTS IT IN HIS RECORDS.
3) I've been using my med insurance though the Army to pay for the complications, do I need to have the auto insurance company pay back Tricare, my health insurance company.
YES, TRICARE WILL HAVE A LIEN. WHAT THEY TAKE WILL NOT IMPACT WHAT IS AWARDED TO YOUR WIFE AND YOU (ASSUMING HER BIRTHING IS NORMAL). THEY WILL WORK OUT THE VALUE OF THE SERVICES RENDERED AND COMMUNICATE THEIR SUBROGATION DEMAND TO THE INSURANCE ADJUSTER. BE SURE TO COORDINATE THIS WITH TRICARE.
And thanks for your service in the United States Army! (From a retired U.S. Navy veteran)
Best wishes to you and your wife and your child,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
