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OT: Lawyers, Personal Injury, automotive
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Hey can you guys give me a little help here?

Last week i was a rear seat passenger in a car. We were travelling in the left lane, another car was in the right lane ahead of us. The other car proceded to attemp an illegal U-turn across a double yellow road (from the right lane) across our lane (the left lane) and in the process turned right in front of us. We had no time to avoid the accident and we T-boned the other car.

I was in the back seat passenger side of a small car with the front seat slid back and reclined back far. My head hit the head rest of the reclined seat and my teeth dug out a chunk of my upper lip. The chunk of lip was hanging on a thread. The ER doc said that there was a chance that the chunk of lip would not re-attach to my lip, but he was going to stitch it back and hopefully it would reattach.

Back to the scene of the accident. When the cars stopped i hopped out of the car and walked to the side of the road in a daze and stood hunched over so as not to droll any more blood on myself and then someone allowed me to lay in their van intil the ambulance came. During this time i didn't see the driver of the other car and i later assumed he must have been hurt because he didn't come to see how i was doing.

I later found out that the U-turn driver was on travel and had a rental car and instead of seeing if everyone else was ok, he immediately got on the cell phone to try and get another rental car.

I have since gone to the dentist to see if that looked ok, and my dentist found a vertical crack in my tooth, and my root to be inflamed. He says that it will take some time to determine the extend of the damage to the tooth, but a worst case could be a dead tooth requiring a root canal, etc.

Also, he recommended that i see a plastic surgeon to get an opinion, and that in the future i may want plastic surgery if the scar tissue heals in a weird shape (if the chunk of skin reattaches itself).

So my medical insurance company says that it deny the claim for the auto insurance of my driver to pay. I was contacted by the auto insurance of the driver of my car and when they determine the liability they plan to get the money from the U-turn drivers auto insurance.

So what should i do? There is a chance that there could be much further expensive medical reprocussions from this event. Should i get an injury lawyer? Or what should i do?


-(Broken) Erik in CT
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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Well, first and foremost, I recommend that you do whatever is required to get yourself healthy and taken care of. If the driver of the rental car is found to be at fault, his insurance co. should cover everything. If not, then your friend's insurance should cover it. In the meantime, you should put everything on your own health insurance coverage, and it is their job to make sure that the right car insurance people pay(this is what I was told when I got into an accident that totalled my car, and I was not at fault.)

As far as getting a personal injury attorney goes, I think you would do this only if you are seeking to get some additional monetary gain to to impact to your life beyond your immediate injuries. In my case, I got a PI attorney, but she couldn't do a whole lot for me because the insurance company of the person at fault refused to deal. They felt that the three months that I could not train, the week I was out of work, and the other consequential impairments of my ability to live life were not a significant impact. Had I not gone to physical therapy, had I not been anxious to get back to training, I could have gotten a lot more money. As it was, the money they gave me barely covered the difference between what I had paid for my wrecked car(only 10 months old) and the depreciated value they gave me for it. In total, I got to replace my car, that was destroyed by the other guy.

The real irony here is that the woman who actually caused the accident was not found cuplable, even though she was cited for breaking down on a limited access highway due to insufficient fuel. (It's good to know that there was at some point common sense in the world, in that you are expected to have enough gas to get where you are going when you drive onto a road with 20 miles between exits.) She ran out of gas and parked in a travel lane, and I got sandwiched.

Anyway, I hope your wounds heal quickly, and that you have no long term problems.

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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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Get a lawyer now and resign yourself to the fact that this will be a lng, protracted and ugly legal affair.

Your first victim should be your insurance company. If they are denying your claim, Jihad against them (in the legal sense of course).

Once you get in the system, it is tough to get out. I feel bad for you. I've sued insurance companies twice. I've been sued numerous times.

Welcome to America.

Tom Demerly
The Tri Shop.com
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Re: OT: Lawyers, Personal Injury, automotive [Tom Demerly] [ In reply to ]
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Thanks Tom, I feel much better now...



-Erik

"I don't half-ass anything. For me its either whole-ass or nothing." -elake
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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I recommend highly that you consult an attorney in your area who specializes in personal injury law and have them give you an evaluation of your case. I worked in this area what seemed a lifetime ago, and I can tell you that there is tremendous variation in the law state by state. Your jurisdiction has its own law (no fault v. traditional liability) and its own procedures, and only an expert who practices in that area will know for sure.

To find that expert, I recommend you contact any lawyers you know who practice in other areas and ask them to refer you to a specialist. The trial lawyers association (look up ATLA online) also has lists of members in your area. Go talk to a couple, and size up what you are entitled to under the circumstances and what you are willing to do to obtain it. I realize my info is dated, but most attorneys will charge a third of whatever you recover.

BTW, your medical insurance company is required to pay for your medical treatment. When they do, they have a lien against any third-party recovery for coverage they have provided. In English, it means that if you get money from somewhere else you have to pay them back. I have never heard of a health insurance carrier being able to deny coverage or benefits because of a possible liability claim.

Also be certain to check your own auto insurance policy for medical benefits available under their coverage. Many states make a limited amount of coverage available without regard to fault and without reimbursement.

Hope this helps, and I am sorry to hear about your injury.
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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I do med mal and some auto in Washington DC. Get a PI attorney. You never know where this case is going to end up. No need to delay. Until then, do not make any statement, recorded or written, to the insurance company for the adverse party. If you have an auto policy with medical payments coverage, you should initiate a claim with your carrier. This will not affect your rates.
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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Wow. What a stinkin mess. Don't hesitate....call Sam. If you don't know a good PI attorney, get some referrals as opposed to going with the first full page ad in the phone book. Chances are you will hear one or two names repeatedly.

Don't let the bastards get to ya. Remember, they aren't doing it maliciously....its their job. That's why you need your own advocate.

Train hard...race well.
www.jimmishler.com
"Jim, I happen to agree with you" DougStern
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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I've been doing PI work exclusively for around 11 years. You really need to consult with a PI attorney to see what your rights are. You can't rely on insurance companies, even your own, to be straight with you. The law does vary state by state. I give free consultations to people all the time and I'm sure most attorneys do. Believe it or not, in many cases I give people a ton of free advice and then tell them they don't need an attorney at that time. Some come back later wanting to hire me and some don't. If an attorney pressures you to hire him or her you should think twice before signing up though. In your case I'd see a plastic surgeon for sure. You're entitled to get all the medical care you need and that normally includes "cosmetic" stuff like scar revisions etc. Good luck.
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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Just being a contrarian (and spent 15 years in commercial insurance claims biz), but before you sign on with a PI lawyer, you may want to at least talk to the adverse carrier. If your state is a comparative liability state, your claim will be with them (assuming your driver not at fault). I would want to know what limits are. The rental may have only minimum liabilty limits and if you have a lawyer, that means less for you.

You can always hire a lawyer later but frankly I don't know why folks don't at least talk to the adjuster first. You don't have to give recorded/written statement. Tell him/her you are investigating them and their intentions just as they are investigating the claim. At the conclusion of your investigation you will decide whether to retain counsel our not.
Mike
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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I, too, am a lawyer, although I do not specialize in personal injury litigation. The posts by others are generally accurate. I'd get a lawyer. That may slow things down a bit (Demerly's right--you could be in for a long, hard slog), but getting a lawyer can help you maximize your recovery.

Others are also right that the law varies from state to state. Where are you from? Someone who reads this forum may be able to give you a name. Someone may also be able to give you a quick once-over on the law in your state as it applies here.

As for finding a lawyer, in addition to word of mouth (which is way better than the phone book), you can contact your local county or state bar association (i.e., local club for lawyers). Most have a lawyer referral service. All attorneys in the service generally are screened for competence.

Your health insurance carrier's denial of your claim puzzles me. They should pay your claims and then seek subrogation of any recovery you get. That is, health insurance pays now, you sue the rental driver, and when he or his insurance pays up, the medical insurance company gets first crack at the recovery, up to the amount of the benefits paid by them. Check your policy. They may have strict guidelines about appeals of denials of claims. Make sure you don't miss a deadline. If you have health insurance through your employer, and your employer is fairly large, there should be a benefits coordinator or H.R. person who can point you in the right direction.
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Re: OT: Lawyers, Personal Injury, automotive [TriMike] [ In reply to ]
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I don't mean any offense at all, but I've seen adverse insurance carriers take advantage of many many people who didn't know their rights. That carrier's ONLY real interests are to pay as little money on the claim as possible. In one extreme case an attorney I associate with from time to time successfully sued the adverse carrier for giving the injured party "legal advice" that wound up screwing her out of hundreds of thousands of dollars. That company told the woman they would look out for her and paid it's $25,000 "limits." They also had the woman sign a release which wound up essentially destroying another claim she had. By the way, she was severely injured and lost an eye. FWIW, I'm sure there are plenty of stories out there about pi attorneys screwing their clients. I hope this thread doesn't degenerate into something that should be in the lavender room.
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Re: OT: Lawyers, Personal Injury, automotive [dopey] [ In reply to ]
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The health insurance policy may have a clause saying that if the automobile the injured person was riding in carried "no fault med pay" or "personal injury protection" insurance then that is the primary insurance. In that case you'd have them pay first. If you reach their limits you'd then have your own health insurance company pay. At least that's the way it is in my state.
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Re: OT: Lawyers, Personal Injury, automotive [triwz] [ In reply to ]
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As there are so many other good posts...get a lawyer NOW. I didnt in a rear end accident (car hit me) $29,000.00 damage to my car...her insurance "Geico" STILL more than a year later has not paid the claim. As you were seriously injured you need to hire a good atty. NOT the one you see on TV, you need to ask around, ask who your car insurace agent would suggest (as you are not the claimant on your policy). Get some referals.

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What if the Hokey Pokey is what it is all about?
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Re: OT: Lawyers, Personal Injury, automotive [triwz] [ In reply to ]
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good point. this further demonstrates the need for elake to get a lawyer. this can be complicated stuff.
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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No-fault is not required in CT.

Retain an attorney. They will start collecting medical records, ins. policies, and other necessary paperwork.




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but I can deal with the angels, cause it ain’t me they’re here to claim. it’s a good night for blowing ‘em off til some other day
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Re: OT: Lawyers, Personal Injury, automotive [minny expat] [ In reply to ]
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I am a personal injury attorney and practice in Indiana. I agree with the above posts:

1.) Get healthy. Get doctors you trust and do what they tell you to do. Ask friends and relatives for their suggestions for doctor/dentists/physical therapists. As an athlete you should try to find medical practitioners that are used to dealing with athletes.

2.) Get an attorney. Ask friends, relatives and other attorneys about their suggestions for a good personal injury attorney. Interview the attorneys. Pick the one you trust. I would be wary of any that ask for money from you. I do all my work on a contingent basis and never ask for a retainer, etc.

3.) Get healthy.

David K.
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Re: OT: Lawyers, Personal Injury, automotive [elake] [ In reply to ]
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Thank you all for your advise, I have contacted a PI Attorney. I will keep you all posted.



-Erik

"I don't half-ass anything. For me its either whole-ass or nothing." -elake
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