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Anyone filed "pain and suffering" in insurance case?

Discussion in 'Fred's House of Pancakes' started by perryma, Oct 23, 2009.

  1. perryma

    perryma New Member

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    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.
     
  2. Dave_PH

    Dave_PH New Member

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    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.
     
  3. KK6PD

    KK6PD _ . _ . / _ _ . _

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    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!!!
     
  4. philobeddoe

    philobeddoe ΜΟΛΩΝ ΛΑΒΕ

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    Wth 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
     
  5. apriusfan

    apriusfan New Member

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    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.
     
  6. philobeddoe

    philobeddoe ΜΟΛΩΝ ΛΑΒΕ

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    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
     
  7. Matt Herring

    Matt Herring New Member

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    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.
     
  8. Dave_PH

    Dave_PH New Member

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    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.
     
  9. apriusfan

    apriusfan New Member

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    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.
     
  10. apriusfan

    apriusfan New Member

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    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.
     
  11. apriusfan

    apriusfan New Member

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    I suspect that philo hasn't had his morning cup of coffee. Or, he just likes to take issue with whatever is posted.
     
  12. Matt Herring

    Matt Herring New Member

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    Again mods, for the sake of the OP...remove this thread. If there is a lawyer on this site that would like to offer "legal advice" please PM the OP or provide a phone number to help them out. No good is going to come of this thread and posting in "Fred's House of Pancakes" for legal advice is a mistake...no offense to the OP. Every personal injury lawyer in TN is lining up to take this one against the OP...easy pickens!
     
  13. Dave_PH

    Dave_PH New Member

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    So there's no reason to believe you're any worse off than if there hadn't been an accident. It's degerative....over time. And there's no telling how much additional damage was done with unsupervised exercise and 'treatment' by a chiropractor.

    Was the other driver even charged in the a accident?

    Advocatus diaboli
     
  14. Dave_PH

    Dave_PH New Member

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    As long as he doesn't pick on my dyslexic typing. *






    Then I'd have an airtight ADA case.
     
  15. apriusfan

    apriusfan New Member

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    If the thread is indexed, killing it is not going to un-ring the bell. Are the mods going to delete the last two days worth of PC back-ups? Unlikely.
     
  16. apriusfan

    apriusfan New Member

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    Anything is possible. Only time will tell.
     
  17. Dave_PH

    Dave_PH New Member

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    Definitely move it to Politics. We have a ton of people there who claim to be lawers. Maybe one of the can even use "intervening cause" and "proximate cause" correctly.

    Phildedodo wasn't even in the ballpark
     
  18. radioprius1

    radioprius1 Climate Conspirisist

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    I am a doctor. My advice would be to stop seeing the chiropractor. You will not help anything by continuing to see him/her. The best and latest scientific evidence shows that seeing a chiropractor does not help any more than taking a simple Advil. Also, you are putting yourself at unnecessary risk by seeing a chiropractor (see this link[ame="http://www.google.com/search?hl=en&source=hp&q=vertebral+artery+dissection"]...[/ame]) and he/she is probably making your problem worse. Basically, there is no science behind what chiropractors claim. That is, your spine can not be out of alignment, causing problems. If your spine gets out of alignment, your spinal cord will tear and you will be paralyzed.)

    Stopping wasting money on snake oil will be the first step towards seeing medical improvement.
     
  19. apriusfan

    apriusfan New Member

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    Uh-Oh. Opening the M.D. vs D.C. debate is sure to get this thread kicked to FHoPol.
     
  20. radioprius1

    radioprius1 Climate Conspirisist

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    There is no debate. One is a medical scientist trained in evidence based medicine, and the other practices voodoo.