I was rear-ended by a drunk driver 3 months ago on my way to school. This was the guys second DUI, and drugs were involved. I was stopped at a red light, and he knocked me thru the intersection. I was taken by ambulance to the hospital, and had to return the next day due to pain. Since then, I have had several sets of x-rays, a MRI, numerous chiropractor visits, and numerous meds (pain and muscle spasms) My medical bills are over $9000.00. I have had terrible headaches, muscle spasms, stiffness, loss of sleep, loss of concentration, missed work and school, dizziness, tissue damage, and whiplash. The natural curve in my neck is now gone. With over 9000. in medical bills, how much pain and suffering should I expect from his insurance? The state is Kentucky, and he was insured through Nationwide Insurance. I also went 2 weeks without a car, and they didn't offer a rental. They told me they weren't responsible. Any suggestions?
2007-06-04 10:47:25 · 14 answers · asked by lucas_dunaway 1 in Cars & Transportation ➔ Insurance & Registration
His insurance agent (nationwide) said she optimistic we could settle out of court. I'm thinking shes scared, because of his previous record.
2007-06-04 10:55:04 · update #1
Wow... I'm reading everything below and kinda shocked. First off, I assumed that being drunk meant he was 100% at fault, and being his second time, I was told they would take that into consideration (by his own insurance company!) Second, I am only 24, have worked out my whole life, and was told by a doctor, a physical therapist, and a chiropractor, that the straightening of my neck WAS a direct result of this accident. I even have the MRI, showing tissue damage around my neck (the muscles were strained and tightened during the accident pulling the curve of my neck.) My vertebra were also out of alignment, which was from the accident as well. I have talked with 3 lawyers and they seem to agree with the retired adjuster below. If this goes to trial before a jury, him being drunk will play a BIG role. Oh, I forgot to mention, after he hit me, he hit another old man...
2007-06-04 16:22:22 · update #2
Aggravated liability only plays a small role in any settlement.
But here's the deal....you don't lose the natural curve in your neck from being rear ended, everyone loses the curve over time through natural degenertive processes. Nationwide is only going to consider injuries directly related to, and as a result of, the accident. Your curvature isn't a direct result of....sorry, hate to tell ya but it's true. Read the medical literature, it may enlighten you. As for your $9000 in meds....the cost of treatment doesn't mean squat. All they're going to do is review the records, and adjust your bills based upon reasonable/customary charges for medically necessary treatment, pay for services you received that were reasonable & medically necessary, and offer you a settlement figure. You take it, or you don't, and if you don't then you better be able to back up why you won't.
2007-06-04 14:49:02 · answer #1 · answered by bundysmom 6 · 1⤊ 0⤋
To begin with, the insurance company is NOT scared. They have armies of lawyers and can litigate a case into the next century if need be. The only people that win in court are the lawyers -- they ALWAYS get their money, (usually 33 to 40% of YOUR money). There is a limit on the drunkard's policy, you know. Insurance policies are not bottomless wells and many people only purchase the bare minimum required by state law. If you are offered the policy limits (which may only be 20K) then you are done with Nationwide and will have to sue the deadbeat doper for any more money, so be warned: a lawyer will get about 35% of that amount. As for rental, you may live in a state where rental would only be offered if you have it on your own policy (ask the adjuster -- they will tell you).
2007-06-04 11:12:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First off.. there is absolutely no reason to mention that he was drunk or drugs were involved.. that has nothing to do with your injury so please dont think it does.
Next- medical bills has nothing to do with your settlement. Dont buy into anyone who says "3 times medicals" or something like that.. they are seriously delisional
3rd- a lawyer will not get you any more money. Your injury is what it is. Insurance companies could care less if you get a lawyer.. sometimes they actually like it.. b/c lawyers are easier to work with then people think they they won the lottery.
4th- if your not PERMENANTLY injured..aka.. if this isn't going to make you miserable your entire lifetime (and no.. your whole "neck curve" doesnt count.. most chiros are wack and can find something wrong with anyone..... ) then expect MAYBE 2-3 thousand over your medical bills.
Rental has nothing to do with it. Your not giving us the full story on that. If they were investigating at the time.. or if you just couldnt find a replacement care fast enough.. or if the place you choose took too long for repairs.. they dont owe you that.. that has nothing to do with your injury settlement.
2007-06-04 14:25:34 · answer #3 · answered by Anonymous · 0⤊ 1⤋
I agree wtih the 2 people above me. The fact he was drunk doesn't make him 100% at fault...you should research NEGLIGENCE LAWS....for example, if the drunk dude is stopped at a red light and is rear ended, he's not at fault. Additionally, the fact he may or may not hit someone after he hit you has no bearing on your claim. It's YOUR claim, and the only thing that matters are the facts surrounding YOUR claim and not someone elses.
As for you being in good shape...whatever. Being 24 and in good shape doesn't change the fact that as people age their body starts to break down. And if you lift weights, who is to say you didn't screw your neck up that way, of it didn't contribute to your injury? I've done it and it hurts like heck. Just because someone with the initials M.D. are at the end of their name doesn't mean what's coming out of their mouth is 100%.
Dude, do whatever you want. It's your life...one you should be grateful to have.
2007-06-07 13:24:16 · answer #4 · answered by Jason G 2 · 0⤊ 1⤋
Not to much. You can expect monies for time lost at work, travel to and from therapy and all expenses reimbersed but unless you need surgery or long drawnout therapy I woulndn't expect a ton of cash. I also wouldn't bother with a lawyer unless the insurance co. is being difficult.
2016-03-13 05:33:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You should wait until you are healed up. But you can make a demand for any amount you wish. Don't hire an attorney until you at least make a demand of your own. Your claim looks to be worth about $30,000 to me. You could make a demand for $35,000 then you have some room to negotiate.
I got rearended by a truck while stopped behind a city bus, in rush hour traffic. It took me six years and two attorneys to get a settlement. And I know the ropes!
2007-06-04 11:04:18 · answer #6 · answered by regerugged 7 · 0⤊ 0⤋
Use a vegetable bean dip such as hummus instead of ranch dressing or maybe a fatty cream-based dip.
2017-03-10 23:45:25 · answer #7 · answered by ? 3 · 0⤊ 0⤋
Decaf coffee is an excellent low-calorie fluid when you're having cravings (and a terrific source of antioxidants).
2016-07-07 19:24:56 · answer #8 · answered by Butts 3 · 0⤊ 0⤋
Do your grocery shopping with a list and a time limit; that way, you're not as likely to stray into the highly processed foods section.
2016-02-20 05:44:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Decaf coffee is a good low-calorie fluid when you're having cravings (and an excellent source of antioxidants).
2016-02-25 18:15:42 · answer #10 · answered by ? 3 · 0⤊ 0⤋