Anyone filed "pain and suffering" in insurance case?

[perryma]

Hey crew, my insurance company is wanting to close out my claim from seven months ago. I have no idea how to approach the "pain and suffering" claim. I totaled my car and hurt me back and neck. The problem is I already have degenerative disk and arthritis (fun stuff). Unfortunately it just hurts more than it used to all the time but I can still work and everything. It is possible that I have torn some of the disk in my neck but that will only show up in an MRI (which I can't get-metal in me). Any advice here? I've been to the chiro a few times (that hurts!) and do lots of things at the gym to keep chiro visits to a minimum. I am 100% clueless on this insurance subject matter. Oh, yeah, the other motorist was uninsured.

[Dave_PH]

It seems like the other motorist would be the one with liability.

"The problem is I already have degenerative disk and arthritis (fun stuff)." Sounds likie a pre-existing consition. You company will probably drop you now

Sorry, that's just the reality of the situation. Maybe Rush Limbaugh and Gleen Beck can take up a colletion for your.

[KK6PD]

Well, 7 months ago you should have retained a lawyer! Now, you should talk to a lawyer. Your insurance should have covered you damages and medical costs. The lawyer will go after the guy who hit you, uninsured or not. He wil make the insuance copany pay up what it shoud have.
However it's been 7 months, you may be screwed!

Get on the phone first thing tomorrow morning, and at least talk to an Accident Attorney! The first call, visit is FREE! He can look at the merits of your case, and let you know what our options are!!!

CALL A LAWYER!!!

[philobeddoe]

Originally Posted by Dave_PH

It seems like the other motorist would be the one with liability.

"The problem is I already have degenerative disk and arthritis (fun stuff)." Sounds likie a pre-existing consition. You company will probably drop you now

Sorry, that's just the reality of the situation. Maybe Rush Limbaugh and Gleen Beck can take up a colletion for your.

wtf is wrong with you?

even if he has degenerative back and neck problems, the accident is an intervening cause

he's talking about his personal health and asking for help, not soliciting an ill-informed political debate

[apriusfan]

The real question is what happened? Did someone else hit the OP and is thus the 'proximate cause' of the personal injury? Or, did the OP hit a patch of ice (or some other event) that caused the accident that was not sourced in another driver's negligence?

It is pretty hard to go after your insurance policy for events that you are the cause of. Conversely, it is fairly straightforward to go after another driver's insurance policy for the other driver's negligence.

If there is another driver at fault, it is possible to get into a debate about the extent to which the current pain and suffering is due to a pre-existing condition versus being due to the most recent accident. However, that is best left to the attorneys. Definitely don't start negotiating with any insurance company without having an attorney who does personal injury litigation representing you.

[philobeddoe]

Originally Posted by apriusfan

The real question is what happened? Did someone else hit the OP and is thus the 'proximate cause' of the personal injury? Or, did the OP hit a patch of ice (or some other event) that caused the accident that was not sourced in another driver's negligence?

It is pretty hard to go after your insurance policy for events that you are the cause of. Conversely, it is fairly straightforward to go after another driver's insurance policy for the other driver's negligence.

If there is another driver at fault, it is possible to get into a debate about the extent to which the current pain and suffering is due to a pre-existing condition versus being due to the most recent accident. However, that is best left to the attorneys. Definitely don't start negotiating with any insurance company without having an attorney who does personal injury litigation representing you.

or we can start debating health care reform and tort reform here in this thread instead of offering sound advice to our fellow Prius driving and priuschat member

[Matt Herring]

Regardless of fault, damage, injury, etc. Posting online asking for personal injury advice is not the best idea. Anything stated by the OP in this thread is public record and can be used as evidence against the OP by their insurance company...and by the driver that is allegedly at fault.

Admitting an existing injury (although it may have been already disclosed) can only hurt the OP's claim. The OP admitting they can still "work and everything" can only hurt the OP's claim. Additionally, admitting they "do lots of things at the gym" also adds fuel to the fire for an insurance company...in terms of insurance, humans are generally regarded as machines...and anything done to that machine by its operator is considered "operator error" when things go bad.

I would strongly suggest, considering the OP's insurance claim is still pending, that this thread be removed by the mods immediately...and the OP consider it a kind favor by the mods.

[Dave_PH]

Originally Posted by philobeddoe

wtf is wrong with you?

even if he has degenerative back and neck problems, the accident is an intervening cause

he's talking about his personal health and asking for help, not soliciting an ill-informed political debate

He has a pre-existing condition. Why should the driver or an Insuracne company pay for that. The Plantiff has to accespt personal resopnsibility for his condion.

[apriusfan]

Originally Posted by philobeddoe

or we can start debating health care reform and tort reform here in this thread instead of offering sound advice to our fellow Prius driving and priuschat member

That is your choice. Outside of FHoPol I don't get into political discussions. My post was limited to the 'facts' as I understood them. Whether you want to acknowledge it or not, a pre-existing condition (especially if there are prior MRI or X-Ray images available) is a discoverable circumstance.

[apriusfan]

Originally Posted by Matt Herring

Regardless of fault, damage, injury, etc. Posting online asking for personal injury advice is not the best idea. Anything stated by the OP in this thread is public record and can be used as evidence against the OP by their insurance company...and by the driver that is allegedly at fault.

Admitting an existing injury (although it may have been already disclosed) can only hurt the OP's claim. The OP admitting they can still "work and everything" can only hurt the OP's claim. Additionally, admitting they "do lots of things at the gym" also adds fuel to the fire for an insurance company...in terms of insurance, humans are generally regarded as machines...and anything done to that machine by its operator is considered "operator error" when things go bad.

I would strongly suggest, considering the OP's insurance claim is still pending, that this thread be removed by the mods immediately...and the OP consider it a kind favor by the mods.

If the search engine bots have already indexed this thread, there may be enough information contained in the index entry to cause it to be discoverable.... Nothing like trying to un-ring a bell.