My Prius accident case - update 05/23/07

<div class='quotetop'>QUOTE(siliconhybrid @ May 21 2007, 08:13 PM) [snapback]447060[/snapback]</div>

If you get an attorney, which you SHOULD do, he should be able to set up an account with the chiropractor where you won't have to pay anything. I was rear-ended and I didn't have to pay a cent except for the emergency room visit afterwards, which was just $75.

Don't you have any work health insurance? Get a good INJURY LAWYER, one that specializes in this sort of thing. I can recommend a good one in Bellevue, WA if you want.

Dave

 

<div class='quotetop'>QUOTE(siliconhybrid @ May 21 2007, 08:13 PM) [snapback]447060[/snapback]</div>

Is California a no-fault insurance state? If so, you can collect from your insurance company. They will go after the others for reimbursement.

 

<div class='quotetop'>QUOTE(siliconhybrid @ May 19 2007, 04:35 PM) [snapback]445813[/snapback]</div>

Like the guy said, you need to get a lawyer. I was in a bad car accident, rear ended by a mack truck and my car, an Impala was totaled.

You should get a journal and record everything down on a day by day basis starting with the accident, as much as you can remember. You need to include how the accident is affecting your life. How your routine has changed and what you can no longer do.

I had serious whip lash and under went physical therapy, and had electric stimulis done on my neck and shoulder muscles to help prevent scar tissue.

If you should develop scar tissue, you could be in for a lot more pain for maybe the rest of your life.

Having a neck injury is just as serious as having a very bad back injury.

Put off your traveling and take care of yourself first. You will regret it later on if you don't.

When you get a lawyer, he will tell you how to go about getting your medical bills taken care of, and whatever you do, don't sign off any medical forms without due compensation. Your lawyer will let you know when that can be done, but generally not until you have received the necessary medical treatment you need.

The lawyer will tell you to see whatever doctors are necessary, and to keep all bills and receipts related to the accident for reimbursement. You can collect 3 different ways. Work men's comp, PIP (personal injury protection), and another way, can't remember which. But your lawyer will have your best interests in hand.

It took quite a while for my healing to be complete. You might possibly have torn ligaments and muscles or tendons, and they take longer to heal than broken bones. Even after 26 years I still have to be very careful with my neck. I can't ride the roller coasters or do fun stuff with my kids because of it. So you may have limitations.

That's why I encourage you to take care of yourself. You only have one body and you will be living in it til the day you die. You don't want to live with long term, never ending pain. It's not something you want to mess around with.

Go to one of those orthopaedic doctors. DO NOT go to a chiropractor. You don't want to have anyone manipulating your neck or body, that in itself can make your neck really worse.

When you have whip lash, the soreness and pain will radiate after a couple days, from the neck down into the shoulders, and spine. Like I said it will take time. Get a lawyer! (No, I am not a lawyer. Just a proof reader.)

Take care. I'll be praying for you.

<div class='quotetop'>QUOTE(JimN @ May 22 2007, 09:16 PM) [snapback]447769[/snapback]</div>

Michigan is no-fault insurance state too.

 

Silicon, your insurance company (AAA) should be fighting on your behalf, rather than just putting you off.

Call 'em back and ask to speak with the next-level manager. Explain your situation. Make sure you tell them about your injuries.

Upon hearing of your injuries, AAA will immediately start fighting on your behalf, because they certainly don't want to be on the hook for medical bills.

 

<div class='quotetop'>QUOTE(JimN @ May 22 2007, 07:16 PM) [snapback]447769[/snapback]</div>

No.

It was voted on as a Proposition a few years ago and was defeated.

 

I would not do the phone conversation without a lawyer.

Yes, they will try and trick you. That is their job.

 

http://en.wikipedia.org/wiki/No_fault_insurance

 

<div class='quotetop'>QUOTE(siliconhybrid @ May 23 2007, 07:54 AM) [snapback]448164[/snapback]</div>

You really should hire an attorney for the PI side of your claim. Once you've done this all communications must go through the attorney. I'm in the middle of a similar situation and I'm glad I called in expert help (It'll be well worth the 30% he charges).

 

You should talk to your insurance company to see what options you have as far as making claims. No insurance company will want to loose money. Since it has been established that it is that fault of someone else, they will go after their insurance company for the amount you claimed for, including your deductibles.

You shouldn't have to wait till the other 2 insurance company to figure out who is paying for what portion. That shouldn't be the suffering you have to go through. Let your insurance company fight for you, that's why you pay money.

I am not sure if an attorney is going to be helpful unless there are outstanding claims that are not paid by insurance or you are not happy with the outcome of the claim. Hope this helps.

 

Hi siliconhybrid,

Unfortunately I've been the target of a few drunken drivers in my time. The process you’re going through can be time consuming and confusing.

I can tell you what I know from my experience here in CT.

The loss on the vehicle and your legal case against the “at fault†drivers will be separate cases. Your insurance company will likely pay you less any deductible (later you will get this from the at fault insurance company).

You should get a lawyer to handle the injury case. Eventually the insurance companies for #3 and #4 will start contacting you and may even offer you some cash to settle the case. You should not talk to them at all, and instead give them your lawyers information.

As for the medical bills, I'm not sure about CA, but here when I got medical treatment I informed the physician that it was for a motor vehicle accident. They billed my laywers office directly.

When all was said and done, I was paid the loss on the vehicle, my deductible, all medical bills, and an amount for pain/suffering. My lawyer of course also got 1/3 of the settlement. (After nearly 2 years).

Good luck,

Rob.

 

<div class='quotetop'>QUOTE(INPrius @ May 23 2007, 01:08 PM) [snapback]448331[/snapback]</div>

Car insurance is one thing, personal injury is another thing.
They won't pay unless he has a lawyer fighting for him.



<div class='quotetop'>QUOTE(Sub_Man @ May 23 2007, 12:37 PM) [snapback]448295[/snapback]</div>

I totally agree with you Subman. That's exactly what happened to me. The lawyer was reputable and above board. He handled everything in a very professional manner. (You can be sure that when I got married my spouse wanted to use him for all our legal work, wills, ect.)

The attorney will see to it that you will be reimbursed if you have to pay out of pocket.
A personal injury lawyer is a lawyer that takes care of you when you are personally injured because of someone else's fault and not your own.

Like I said, DON'T GO TO A CHIROPRACTOR. You will make the situation worse and possibly have the whole thinig thrown out of court. Yes, there is a good chance you will go to court since so many others are involved in the multi-vehicle accident.

I was rear-ended by just a mack truck. So, my lawyer made them pay, otherwise it was to court we will go.

WHATEVER YOU DO, DO NOT SIGN OFF ON ANY MEDICAL RELEASE FORMS until you have been taken care of by all the necessary medical treatments that you need and with the lawyer's approval. He/she should have your best interest at heart.

It may take a while to go through what is necessary but I can tell you one thing, when you hurt for the rest of your life or the quality of your lifestyle changes, (maybe you won't be able to play golf or whatever), then you will stop and think about what all of us have said. We care about you.

And if you are a "young kid" so to speak, (don't take it personally), you will be glad that you got the legal help and went through all the rigamaroll and then find out in the end that it was worth it all no matter if it takes several months or longer.

We only want to pass on to you what we went through so it will be easier on you.

I am keeping you in prayer.

 

Good goodga muga! I am thankful for you that it wasn't worse!

 

The pictures show the reason bumper height should be more tightly standardized. If the Envoy's bumper had been lower (like all the other cars in the photo), there might have been less damage to the Prius' engine compartment.

 

<div class='quotetop'>QUOTE(Rick Auricchio @ May 24 2007, 01:25 PM) [snapback]449159[/snapback]</div>

Take a look at the picture of the stripped bumper in the original post. It looks like the bumper was hit fairly solidly.

 

In all reality, Kaiser's gonna go after the auto insurance PIP as well. I'm sure you told them that it was a motor vehicle crash, and they'll likely be sending you a form from claims regarding the insurance companies involved. This is known as TPL (third party liability) in medical insurance cases. TPL is always the primary insurance carrier until the PIP coverage is exhausted. Any $$$ you recover for medical expenses will go to pay back Kaiser for your care there, as well as any chiro/massage/etc.

$$$ for your pain and suffering etc is a separate issue.

I'd ask around and talk to a few lawyers. I'm not recommending being greedy, just protecting your interests and your wallet. They can represent you for personal injury, medical bills, and the damage claims given the depreciation they're claiming on a practically brand-new car.

On a slightly different note... I was told in a recent accident (2 cars, no injuries, other driver's fault) by my insurance company that if I had nothing to hide, doing the taped interview was fine. I felt well represented by my insurance company in that case, though and it sounds like AAA is not doing you the same justice. The interviewer did not try to trick me, I felt. I had nothing to hide and simply told the truth. I won, got my car fixed, her insurance covered my deductible and car rental, and I got a tidy sum for the diminished value claim.

 

<div class='quotetop'>QUOTE(Sub_Man @ May 21 2007, 02:39 PM) [snapback]446952[/snapback]</div>

I have AAA as well, but it seems they didn't want to total it because the lady who hit me also had AAA....