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I see you
Join Date: Nov 2002
Location: NJ
Posts: 29,883
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Legal opinions if you please.
My daughter was struck from behind by a drunk driver. Left her with a severe concussion and a totalled car. Thank heavens her symptoms are diminishing. She has settled the dispute for her car and got a reasonable settlement but is now burdened with a car payment that she didn't have before. She says she doesn't care about that. OK cool , good for my kid not being greedy.
But the drunk's insurance is pushing to close the medical case. I'm adamant that she shouldn't. Concussive conditions can go on for a long time can they not? She is under a doctord care but I don't know how to keep this open in order that any problems a year from now are covered. So far two lawyers have said they're not interested in the case. Any advice for my baby girl?
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Si non potes inimicum tuum vincere, habeas eum amicum and ride a big blue trike. "'Bipartisan' usually means that a larger-than-usual deception is being carried out." |
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03-25-2012, 06:16 PM
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Registered
Join Date: Aug 2000
Location: Palm Beach, Florida, USA
Posts: 7,713
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You're right, they're not. Keep shopping for an attorney. Ask friends for a referral to a personal injury specialist who did well by them and use that lawyer. Not all lawyers are good at representing injured people and not all of them specialize in auto accidents. Get one who does.
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03-25-2012, 06:20 PM
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Registered User
Join Date: Dec 2011
Posts: 115
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Had something similar happen. The way I handed it was that all Dr. bills were sent directly to the insurance company and paid directly for 1 year and that if symptoms continued they were required to continue paying as long as it was medically necessary. In the end I only went to the chiropractor for another 6 months and all was well. Made sure I had the insurance company provide a letter stating that all bills were to be sent to them directly. never had an issue.
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03-25-2012, 06:21 PM
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Now in 993 land ...
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NJ statute of limitation is 2 years from the date of the accident. This means you have time. Just wait at least a year to make sure your daughter is fine and tell them you'll contact them when you are ready to settle. Make sure all medical is paid as it is incurred.
Once you are ready to settle, go in person and negotiate a decent sum without getting greedy. It is tough to put a price tag on this but you can find common pain and suffering compensation $ amounts online. This should be enough to help with car payments (you don't want to mention that though as the car side is already settled). HTH G |
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03-25-2012, 06:33 PM
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Registered
Join Date: Jun 2007
Location: Lake Oswego, OR
Posts: 6,056
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I am not an attorney. I do work in insurance. On the medical, do what is right for your daughter. Do NOT settle early. They push because it is in their interest. Who cares what their interest is? Message to daughter: take care of yourself. Make sure you are medically stable before you even consider a settlement. When you finally do consider this, think about time lost, opportunities lost, mileage to treatment, etc. The insurance industry has an obligation to make you "whole." Do what is right for you and all will be fine. With or without an attorney, the decision is really up to the claims person and how hard they want to push you. Let them know this.
Good luck. Larry |
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03-25-2012, 06:36 PM
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Registered
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+1 on Larry's suggestions.
Settle ONLY when she/you are satisfied.
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Rick 93 968 (My summer car), 05 Cayenne S (My winter car), 79 924 (Wife's summer car), 02 C230k (Wife's winter car), |
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03-26-2012, 05:07 AM
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