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Post by Deleted on May 31, 2016 21:32:22 GMT -5
Hi all! Me and 4 other friends were driving to New Orleans on friday and were involved in a pretty bad car accident. We are definitely all very lucky to have walked away with only bruises and aches. So now comes the insurance hassle.
I will refer to the friends by their first name initials. It was H's car, A was driving. 3 of us including me were in the back. First of all, I have lived first hand why you need to always buckle up, i was in the middle seat. Seatbelt saved my life.
My friend J went to the ER the same night and i went the next day (saturday). All i had at that point was seatbelt related aches and bruises. Since yesterday i am having bad neck and upper back pain on my left side. Taking (4) ibuprofin helps with pain but obviously i dont want to mask any real issues if any. This afternoon driving home from work (20 miles), my neck and back were killing me. So i will be going to a chiropractor, hopefully tomorrow.
So anybody have any experience with how claims/insurance process works? What do we look out for? We will ask for the car replacement, medical bills (how do we account for future treatments if needed), airbnb that was paid for, the cab ride back. How do we account for any emotional stress and anxiety, or do we even do anything about that? At least a couple of us (one being myself) are very much affected by this. The owner of the car does not want to get a lawyer (she is burnt on lawyers, going thru a nasty divorce). So we want to avoid lawyers if at all possible. So any suggestions, do's, donts? Oh the other driver was 100% at fault (police report, wtnesses and insurance has already accepted fault).
Thanks in advance for any help!
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justme
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Post by justme on May 31, 2016 21:55:06 GMT -5
Truthfully each of you is going to have to act and only deal on your behalf for this.
You'll need to check with your own insurance (and maybe your friend's) to see if they have any initial coverage. Florida has no fault PIP that pays out in the beginning so you can easily seek treatment. Though your health insurance coverage should cover it until/if you get a settlement - they will most likely contact you asking if it's from a car accident.
If you're going for more than simple property damage or just covering the cost of the ER you'll probably need a lawyer. Soft tissue injuries are a lot harder to prove. And even more so if you're wanting to be paid for future costs. If you're thinking your injuries alone are more than say 7 grand I'd probably really consider a lawyer.
As for your emotional stress and anxiety, you can ask for it but it's rarely even considered unless you're consisted disabled in some way from my experience working at a PI firm. (Was not a lawyer, but dealt with paperwork and such so I saw correspondence on all our cases) We'd add it in there but we'd often have to fight just to get the medical bills fully covered.
Fyi I in most if not all states PI lawyers work on contingency so they'll give you a free consultation and you don't pay anything unless they get a settlement.
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Post by Deleted on May 31, 2016 22:09:58 GMT -5
Yes i already gave my health insurance information in the ER but it is high deductible (although my son has already met the family deductible for the year). So it sounds like i should be able to get my ER visit and any other medical, maybe not future stuff without a lawyer. The girl whose car was totalled is feeling the burden for some reason and is trying to fight on all out behalves. I told her she shouldn't have to fight for everyone. I knew about the lawyers getting a part of the settlement but she won't listen. She thinks it will make things harder.
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whoisjohngalt
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Post by whoisjohngalt on May 31, 2016 22:17:51 GMT -5
Yes i already gave my health insurance information in the ER but it is high deductible (although my son has already met the family deductible for the year). So it sounds like i should be able to get my ER visit and any other medical, maybe not future stuff without a lawyer. The girl whose car was totalled is feeling the burden for some reason and is trying to fight on all out behalves. I told her she shouldn't have to fight for everyone. I knew about the lawyers getting a part of the settlement but she won't listen. She thinks it will make things harder. I was rear ended when I was 7 mo pregnant with my 1st kid. My husband was freaking out of what could happen to the baby even if the initial ultra sound looked fine. We didn't originally get a lawyer, but did about 1.5 yrs later bc insurance company wasn't being reasonable at all. My point is - you don't have to decide anything right now. Get yourself well, collect all the records and such and see where you are in 6 months from now. I don't know if it varies by state, but we had 3 yrs from the time of an accident (I think) to file and deal with everything. I hope you don't suffer any permanent injuries!
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justme
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Post by justme on May 31, 2016 22:20:45 GMT -5
The time does vary by state.
I would also make sure you have a copy of the accident report and the other car's insurance even if you don't move right away. I believe you will want to make sure there's a claim with your name started pretty soon though. That might have a shorter limit.
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Post by Deleted on May 31, 2016 22:25:08 GMT -5
The claim is already started. They are sending out soem paperwork to all of us involved (separate paperwork). I think we are supposed to fill in our claims. I think right now the plan is to see the paperwork, ask what we ask then if they give us trouble, get a lawyer. The reason i actually wanted a lawyer right awah is because the car owner still doesn't have a rental car! She didnt want her insurance involved at first and not sure why she still doesnt have a car. She is too nice and her sister is about to get involved to protect her There was the holiday in there but seems slow compared to any accidents i was involved in (at fault covered by personal so maybe that sped things up).
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Post by The Walk of the Penguin Mich on May 31, 2016 22:25:44 GMT -5
Yes i already gave my health insurance information in the ER but it is high deductible (although my son has already met the family deductible for the year). So it sounds like i should be able to get my ER visit and any other medical, maybe not future stuff without a lawyer. The girl whose car was totalled is feeling the burden for some reason and is trying to fight on all out behalves. I told her she shouldn't have to fight for everyone. I knew about the lawyers getting a part of the settlement but she won't listen. She thinks it will make things harder. Did the ER ask if your injuries were caused by an accident? If so, it is entirely possible that while your health insurance will cover your injuries, they will likely subrogate the driver's insurance to cover the costs.
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whoisjohngalt
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Post by whoisjohngalt on May 31, 2016 22:27:23 GMT -5
Just bc claim was started it doesn't mean it has be closed NOW.
I would find out your statue of limitation and wait to see how you are feeling. You are not the one who needs a car rental or car fixed, so I would wait, regardless of what your friend(s) decide to do.
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Post by Deleted on May 31, 2016 22:28:46 GMT -5
I told them what happened and paperwork says car accident. The car insurance company said they would pay for what is "allowable" by my health insurance rather than what i pay oop. I would prefer this because i already met the deductible but there maybe some claims i may go back and check on from my health insurance changing if i met defuctible or not.
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justme
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Post by justme on May 31, 2016 22:33:20 GMT -5
The pay what is allowable because your health insurance will want to be reimbursed themselves. So say you have a 20% copay and it cost $1000. So you paid $200 and health insurance paid $800. The car insurance company pays $1000 for the accident and $800 of that goes to your health insurance and $200 to you.
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Post by Deleted on May 31, 2016 22:37:08 GMT -5
The pay what is allowable because your health insurance will want to be reimbursed themselves. So say you have a 20% copay and it cost $1000. So you paid $200 and health insurance paid $800. The car insurance company pays $1000 for the accident and $800 of that goes to your health insurance and $200 to you. Ok that makes a lot of sense. I was thinking more like what my insurance pays would be gone and they would pay me all of it but what you explained makes more sense and what the guy was trying to explain now that i think about it
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Post by Deleted on May 31, 2016 22:39:29 GMT -5
How about the airbnb cost? Do you think we have a chance of getting that back? It was paid in advance and she wouldn't refund despite the accident (and she probably rented it again since we couldnt go).
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justme
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Post by justme on May 31, 2016 22:41:37 GMT -5
You can ask for it. Whether you get it or not depends on how much you want to fight.
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whoisjohngalt
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Post by whoisjohngalt on May 31, 2016 23:10:27 GMT -5
How about the airbnb cost? Do you think we have a chance of getting that back? It was paid in advance and she wouldn't refund despite the accident (and she probably rented it again since we couldnt go). OK, I'll ask....what is "airbnb"?
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Opti
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Post by Opti on Jun 1, 2016 0:52:33 GMT -5
The claim is already started. They are sending out soem paperwork to all of us involved (separate paperwork). I think we are supposed to fill in our claims. I think right now the plan is to see the paperwork, ask what we ask then if they give us trouble, get a lawyer. The reason i actually wanted a lawyer right awah is because the car owner still doesn't have a rental car! She didnt want her insurance involved at first and not sure why she still doesnt have a car. She is too nice and her sister is about to get involved to protect her There was the holiday in there but seems slow compared to any accidents i was involved in (at fault covered by personal so maybe that sped things up). Red flag to me. Is she too nice or perhaps did she not send her last insurance payment on time? At least in NJ, if you do not send in your payment in time, you are not covered until the payment arrives. Any accident between the time your payment is due and you paid *WILL NOT BE COVERED BY YOUR CAR INSURANCE*. I hope this is not the reason she feels "responsible" for you all. It may also hurt you all depending on whether LA is no fault insurance state or not.
Good luck. My two sisters were just down in New Orleans for my niece's graduation.
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Post by Deleted on Jun 1, 2016 6:18:53 GMT -5
The claim is already started. They are sending out soem paperwork to all of us involved (separate paperwork). I think we are supposed to fill in our claims. I think right now the plan is to see the paperwork, ask what we ask then if they give us trouble, get a lawyer. The reason i actually wanted a lawyer right awah is because the car owner still doesn't have a rental car! She didnt want her insurance involved at first and not sure why she still doesnt have a car. She is too nice and her sister is about to get involved to protect her There was the holiday in there but seems slow compared to any accidents i was involved in (at fault covered by personal so maybe that sped things up). Red flag to me. Is she too nice or perhaps did she not send her last insurance payment on time? At least in NJ, if you do not send in your payment in time, you are not covered until the payment arrives. Any accident between the time your payment is due and you paid *WILL NOT BE COVERED BY YOUR CAR INSURANCE*. I hope this is not the reason she feels "responsible" for you all. It may also hurt you all depending on whether LA is no fault insurance state or not.
Good luck. My two sisters were just down in New Orleans for my niece's graduation.
It is still combined with her ex and she didn't want him knowing being in the middle of a really bad custody battle. In any case, even if she is uninsured doesn't matter. It was her car but another friend was driving. And it was not his fault, 100% the other guy at fault. His insurance already accepted fault.
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Post by Deleted on Jun 1, 2016 6:19:50 GMT -5
How about the airbnb cost? Do you think we have a chance of getting that back? It was paid in advance and she wouldn't refund despite the accident (and she probably rented it again since we couldnt go). OK, I'll ask....what is "airbnb"? I thought everyone knew by now it is people renting their apartments, rooms, houses per day, almost like a hotel.
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Regis
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Post by Regis on Jun 1, 2016 7:10:00 GMT -5
Just take things nice and slow. The insurance company of the person at fault is probably going to offer you a check and ask you to sign a waiver of any future liability. At this point, you may have suffered an injury that you're not yet aware of. I actually was hit from behind once and thought I was fine. Later, it was determined that one of my vertebrae had been knocked out of alignment, which then proceeded to move the rest out of alignment, too. Caused really bad stiff neck and headaches. A really good chiropractor fixed the situation but I paid for it out of pocket because I had already waived any future liability. I was 24 and stupid at the time.
Don't jump on the money just yet if you have no recourse to seek more later because of hidden injuries.
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bean29
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Post by bean29 on Jun 1, 2016 7:13:08 GMT -5
I was rear ended by a teenager several years ago and got whiplash. I had regular treatment from a chiropractor for this. About a year and a half out from the accident the insurance company called and asked for records of all dr. Visits and all time lost from work and milage back & forth then they paid 2.5 X. We felt settlement was fair. My health ins had paid Chiro in meantime, so they were paid. Back, I got balance.
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Pants
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Post by Pants on Jun 1, 2016 7:49:57 GMT -5
Bunnysmom - if you haven't, make sure you get an MRI before you go to the chiropractor. You don't want them to make damage worse vs. better.
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whoisjohngalt
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Post by whoisjohngalt on Jun 1, 2016 7:53:47 GMT -5
OK, I'll ask....what is "airbnb"? I thought everyone knew by now it is people renting their apartments, rooms, houses per day, almost like a hotel. I am sure everyone does, I am just very behind the times.
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Post by Deleted on Jun 1, 2016 8:17:29 GMT -5
Bunnysmom - if you haven't, make sure you get an MRI before you go to the chiropractor. You don't want them to make damage worse vs. better. I had xrays of my chest and hips. I did not have an mri. I didn't realize they could check whiplash? My neck and back was ok on saturday when i went to ER. It started sunday/monday. I won't have them do anything, mainly going to get checked out first.
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dannylion
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Post by dannylion on Jun 1, 2016 9:45:26 GMT -5
If you haven't already done so, you might want to consider having an evaluation from an orthopedic physician (I don't think anyone mentioned this yet, but I might have missed it). The ER is only going to assess you for an immediate life-threatening issue and evaluate your short-term status, probably suggest what to expect as the injury matures, and likely recommend seeing your own doctor. Since you are having possibly spine-related issues, it wouldn't hurt to see an orthopod, who will probably recommend physical therapy, which should be covered by insurance.
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Jun 1, 2016 9:56:54 GMT -5
If you haven't already done so, you might want to consider having an evaluation from an orthopedic physician (I don't think anyone mentioned this yet, but I might have missed it). The ER is only going to assess you for an immediate life-threatening issue and evaluate your short-term status, probably suggest what to expect as the injury matures, and likely recommend seeing your own doctor. Since you are having possibly spine-related issues, it wouldn't hurt to see an orthopod, who will probably recommend physical therapy, which should be covered by insurance. Chiropractors are awesome, but you shouldn't see one until you know the full extent of your back and neck injuries. An orthopedic doctor and/or neurosurgeon should make those diagnoses. See the best in your area -- neck and back injuries are not the thing to cheap out on.
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Post by Deleted on Jun 1, 2016 10:24:36 GMT -5
I don't think it is my spine. The pain is really on my left side (neck and upper back). I already have an appt for 2 pm so i will see what he says. Then i will probably contact an orthopedic doctor. I just didn't have to do any of this before so didn't think to even go to one. Thank you all for the suggestions.
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Post by The Walk of the Penguin Mich on Jun 1, 2016 10:40:35 GMT -5
I don't think it is my spine. The pain is really on my left side (neck and upper back). I already have an appt for 2 pm so i will see what he says. Then i will probably contact an orthopedic doctor. I just didn't have to do any of this before so didn't think to even go to one. Thank you all for the suggestions. The problem with seeing the chiro first is that you want to rule out anything where any correction could cause you more damage. Orthopods don't just look at the spine, but you might have cracked ribs or a collarbone. When I fell and cracked ribs, it took a good 36 hours before the pain set in.
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Post by Deleted on Jun 1, 2016 10:52:33 GMT -5
I already had xrays, no cracked or broken bones. It's been almost 5 days. A few ibuprofin takes care of the pain so it is not broken bones. I just want him to check me out, potentially do more xrays, not correct anything yet. They do xrays, i looked them up.
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justme
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Post by justme on Jun 1, 2016 11:25:52 GMT -5
I had three broken bones in my foot once. Four separate times xrays (multiple views) showed nothing, after month of painand clean xray every week they finally sent me to a mri and I had been walking around I a broken foot.
They also show more detail of the spine, so even if it's not a fracture it could be a bulge or something that's not easy to see" xray.
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dannylion
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Post by dannylion on Jun 1, 2016 12:14:19 GMT -5
I don't think it is my spine. The pain is really on my left side (neck and upper back). I already have an appt for 2 pm so i will see what he says. Then i will probably contact an orthopedic doctor. I just didn't have to do any of this before so didn't think to even go to one. Thank you all for the suggestions. The neck is part of the spine, actually. Even the left side of the neck. An injury to the musculature that supports the spine can affect the status of the spine. An accurate diagnosis is important before deciding on or beginning any treatment.
X-rays will only evaluate skeletal issues. If there are soft-tissue issues such as tears, strains, or cartilage (disk) injuries, an MRI will be necessary to identify and assess them. A chiropractor can provide treatment for injuries, but an orthopod is better prepared to evaluate imaging results and provide an accurate diagnosis.
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Post by Deleted on Jun 1, 2016 12:27:24 GMT -5
Since i already have the appt and most likely won't be able to get in to a orthopedic doctor today, i will see if the chiropractor can refer me for an MRI. I was thinking he could/would. I definitely do not want to get in there and start getting treatment right away. I want diagnosis first.
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