by Tigerzen » Sun Mar 01, 2009 11:37 am
I was the passenger in a car that was in a single car accident (black Ice). I injured my neck(ruptured disc in neck and pinched nerve) shoulder (torn rotor cuff) and back strain. I have had surgery to remove the disc and fuse the my neck. I have yet to have my shoulder operated on, but anticipate this as well. I am told that the back pain I am experienceing may never be well treated. I have been of work since the end of december of 08, and dont anticapate going back to work until the end of march at the earliest. I have been experiencing tremendous pain in my neck, shoulder and back. I also have been having headaches( at least 3 or 4 per week). Right now my medical bills are well over $20000 and will probably go higher. What type of bodily injury claim settlement should I be looking for?
Posted: Sun Mar 01, 2009 12:43 pm Post Subject:
Hello, I would love to advise you on this issue.
Your claim depends upon whose fault that was.But as you were the passenger in the car you would definitely get the benefit of the the claims.
Each injured part would fetch a different settlement amount.
Posted: Mon Mar 02, 2009 02:05 am Post Subject:
well since it was a one car accident, the fault is on the drive. As far as injuries: Neck (ruptured c6 disc and pinched nerve) shoulder (partial tear to rotor cuff) Back (lower lumbar strain), I also have suffered from severe headaches from the date of the accident. As I said earlier I have missed work since 12-21-08 and have compiled about 20000 in medical bills with more to come.
Posted: Mon Mar 02, 2009 06:33 am Post Subject:
Hi Tigerzen, since you were a passenger you would get your medical expenses cover by the personal injury protection or PIP coverage of the driver. The PIP would cover your,
Medical bills
Lost wages, and
Pain and suffering
You are required to negotiate the claim with the driver's insurance company.
Posted: Mon Mar 02, 2009 06:48 am Post Subject:
If your state operates under the no-fault rules, you can submit the claim with your auto insurer & get coverage under the PIP. The PIP would normally cover 80% of your medical expenses along with 60% of lost wages. However, you should refer to the policy document since some PIP would apply deductible to the benefits. If you don’t want to go with your insurer, you must pursue the claim with the driver’s insurance company.
Moreover, if you have health insurance, it might cover you for the injuries as well.
Thanks,
Rupert
Posted: Mon Mar 02, 2009 07:45 am Post Subject:
There is no set magical dollar amount for your injuries, as evey claim is different. No one here can tell you what your claim is worth. Just add up all the medical bills, extra expenses, and lost wages and make sure they are covered under your settlement. The dollar figure on top of that is up to you. You have to decide what you want. That is not to say the insurance company will offer what you want, but it is a starting point. From the sounds of it, you are far off from settlement if you are going to have another surgery and will not have a clear picture of your full claim until your treatment is completed.
Also check what your statues are for filing suit. If your treatment is going to run past that, get an attorney to file to stay.
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