okay so i was involved in a car crash in which i was rear ended at a red light. i was stopped at a red light at a on ramp onto a highway. i was rear ended by a guy not paying attention and he hit me going an estimated 35-45. his airbags deployed. he pushed are car forward quite a bit. he was ruled at fault. but heres where it gets fun. im 17 and i was on a drivers ed drive. i had a certified instructor with me. as a result to the crash my back muscles and spine alignment and neck muscles are extremely sore and i have been receiving treat ment from a chiropractor and get messages 3 times a week from each. i have been told to bill on the others guy insurance so i have. since i have billed everything to his insurance and the car is not my car do i still settle for the price of the bills and cost to repair car? i have troubles walking standing sitting and laying down. it is painful as i try to do every day things. i cant work now for the next 3 -12 months and i was just about to put in 8 applications the day after the crash. now i cant work to get money for anything. so do i add up bills and price to fix car and pain and suffering or do i add up bills and add on what i think pain and suffering should be?
Crash Claim Help
- Thread starter v8ford
- Start date
- 15,041
You really should talk to an attorney that handles personal injury cases. Pains me to say it, but based on what you've written, that is who needs to be advising you now. Most will do an initial consultation for free, and I believe most take the case on a contingency basis. In other words, they don't get paid if you don't get paid.
I wouldn't call the first one I see on a billboard, ask your friends and family for a referral.
Based on what you've written, you are entitled to compensation for medical bills, pain and suffering, and maybe even lost wages. Also, the at fault driver's insurance company should pay for the repairs to the vehicle.
I wouldn't call the first one I see on a billboard, ask your friends and family for a referral.
Based on what you've written, you are entitled to compensation for medical bills, pain and suffering, and maybe even lost wages. Also, the at fault driver's insurance company should pay for the repairs to the vehicle.
I'll make this easier for you. Insurance companies deal with this quite a bit, so they will guide you through it. I can't speak for the laws in Washington, so you'll have to get advice that is specific to that state.
In California, you would normally:
- Send the medical bills directly to the insurance company for them to pay them. Chiropractors are usually pretty good with making this happen. The insurance may hit a limit where they will pay directly, and then want to settle at the end. This will happen on larger claims.
- Potentially be entitled for compensation for verifiable lost wages. If you weren't currently working, expect this to be a fairly large negotiation. Don't expect them to give you 40 hours a week at $20 an hour, they may end with some part time hours at minimum wage. This is if you truly cannot work and a doctor confirms this.
- Pain and suffering you might be able to get. This is where every state gets a little different, or actually, a lot different. There may be limitations if you are not a listed driver on an insurance policy. I have no idea how a drivers ed vehicle will come into play.
- You are not entitled to collect for the damage to the car. It wasn't your car, the company/person who owns it will collect for that.
I'm not sure how long ago this happened. If recently, yes, you can expect to be sore for a few days/weeks. If more serious, I would advise you to have your parents work with an attorney to settle this.
Of course, all of this is limited by the other persons insurance. If they don't have insurance, or have a $15K limit per person, you may not collect much at all, perhaps not even enough to cover the medical expenses.
There are to many unknowns here for much advice, as such, my advice is to seek advice from a professional.
Dan
In California, you would normally:
- Send the medical bills directly to the insurance company for them to pay them. Chiropractors are usually pretty good with making this happen. The insurance may hit a limit where they will pay directly, and then want to settle at the end. This will happen on larger claims.
- Potentially be entitled for compensation for verifiable lost wages. If you weren't currently working, expect this to be a fairly large negotiation. Don't expect them to give you 40 hours a week at $20 an hour, they may end with some part time hours at minimum wage. This is if you truly cannot work and a doctor confirms this.
- Pain and suffering you might be able to get. This is where every state gets a little different, or actually, a lot different. There may be limitations if you are not a listed driver on an insurance policy. I have no idea how a drivers ed vehicle will come into play.
- You are not entitled to collect for the damage to the car. It wasn't your car, the company/person who owns it will collect for that.
I'm not sure how long ago this happened. If recently, yes, you can expect to be sore for a few days/weeks. If more serious, I would advise you to have your parents work with an attorney to settle this.
Of course, all of this is limited by the other persons insurance. If they don't have insurance, or have a $15K limit per person, you may not collect much at all, perhaps not even enough to cover the medical expenses.
There are to many unknowns here for much advice, as such, my advice is to seek advice from a professional.
Dan
- Thread starter
- #4
The crash happened Oct 4th 2010. Since then i have recieved treatment and im supposed to receive treatment for 6-12 weeks from the chiropractor and weekly messages. I was reluctant to see a attorney because of the amount deducted but now i realize im in over my head. thanks for the input guys.
An attorney, in my opinion, is rarely needed. He will take a good portion (maybe 33%) of the amount he gets you. The money he is going to get you is supposed to cover your medical bills not his lawyer fees. Unless he can overinflate the claim by 33% or more it is not in your best interest as you will then have to pay out of pocket because your claim money went to the lawyer. I can't tel lyou how many times I have had a customer come in after the claim is settled and said they wish they never got an attorney because now they can't afford the medical bills because he took 33% of the money they received. of course I'm in Florida which is a "no-fault" state and I know nothing about your state. With that being said there is a place for attorneys and if the insurance company is not handling the claim well then you need to get one. Again this is just my opinion.
- Thread starter
- #6
i talked to an attorney it is much needed because i found out The Hartford which is the other guys insurance says there gonna stop paying for my treatments and put a lien on my house. wtf? the guy hit me running a red light going 35 on to a highway? im gonna go apes**t!!!!!!!!!!
Funny. You said you are 17, I doubt you own a house for them to put a lien on.
Find a different attorney, he is scaring you to get you to let him represent you, it doesn't sound like he is giving you facts. Remember, the attorney will always tell you how much you need their services. You rarely do in these claims, but, there are cases where it is important.
Has a fault determination been done yet? You should get a letter on this. I will say that as soon as an attorney gets involved in a claim, everything slows down drastically.
Dan
Find a different attorney, he is scaring you to get you to let him represent you, it doesn't sound like he is giving you facts. Remember, the attorney will always tell you how much you need their services. You rarely do in these claims, but, there are cases where it is important.
Has a fault determination been done yet? You should get a letter on this. I will say that as soon as an attorney gets involved in a claim, everything slows down drastically.
Dan
- Thread starter
- #8
well yeah my house is my parents but i live here and have for 17 years so its my house too. well there trying to settle for very little and they not paying my bills now and i need to treated. an attorney is much needed when im expected to have doctors and all kinds of bills that are already in excess of 5 grand thats just in one month i have 4 months ahead of me. so lawyer is much needed. i started to believe that lawyers are a waste of time but with being faced with getting next to nothing and having to pay my bills or going through a slow process and getting what i deserve and need. so people who say lawyers are not needed are not bright.
- 4,132
No, it is not your house. Have you seen a real doctor or just a chiro? I would suggest you visit a real doctor, get a plan of treatment that involves PT and actually try to improve your health.
Where are your parents in this whole thing? Why are they not helping you with this?
You should also have coverage from the drivers ed car and may need to contact their insurance to get squared away. If it was your family's car, then contact them. Insurance companies are better equiped for the back and forth than you are.
You're in over your head, step back ask your parents for help, ask your parents insurance company for help on the matter, they at least can direct you on how to procede.
One thing, worry the least about how much money you were going to make from a possible future job. Accidents aren't lotto. Don't treat it that way. SEE a REAL DOCTOR.
Where are your parents in this whole thing? Why are they not helping you with this?
You should also have coverage from the drivers ed car and may need to contact their insurance to get squared away. If it was your family's car, then contact them. Insurance companies are better equiped for the back and forth than you are.
You're in over your head, step back ask your parents for help, ask your parents insurance company for help on the matter, they at least can direct you on how to procede.
One thing, worry the least about how much money you were going to make from a possible future job. Accidents aren't lotto. Don't treat it that way. SEE a REAL DOCTOR.
