by bbb » Fri Mar 20, 2009 07:58 pm
i was in a car accident where i injuried my back and knee. back has three bulged discs which two are herniated. the knee has a torn quadtricep tendon. i'm wondering if i can receive demages for the knee and the back.will it be valued tegether or apart.
Posted: Fri Mar 20, 2009 11:26 pm Post Subject: Questions about your simple question
Who was at fault in the accident?
If you were at fault, your insurance will pay the amount of medical coverage that you purchased. It will generally not be valued separately unless one of the injuries is a result of something other than the accident.
If someone else was at fault, then your injuries should be covered by the other person's liability coverage (which is generally much higher than medical coverage). So, assuming you have $5,000 medical coverage and you were at fault, your insurance will pay $5,000 toward your medical costs. If the other person was at fault and his/her liability coverage is $15,000, then that should pay toward your expenses.
If they are uninsured and you have uninsured motorist coverage, then that coverage amount should apply. It all depends on who was at fault and what your coverage amounts are. The medical injuries will generally be grouped together, though, as long as they originate from the accident.
Speak with your insurance agent in your state to get more specifics. Some of this information may not pertain to your state regulations.
Hope this helps, and best wishes on a quick recovery.
Posted: Sat Mar 21, 2009 02:27 am Post Subject:
i'm wondering if i can receive demages for the knee and the back.will it be valued tegether or apart.
If both injuries resulted from the same accident (and I think that's what you are saying) then yes, you will receive compensation (assuming someone else was negligent, thus liable for your injuries)..for each injury...they will each be evaluated on their own merit, but you will get one settlement payment when you have finished treatment TOTALLY...you can't (in effect) say, 'ok the knees good now, let's settle it, then when the back gets better we'll settle that' it doesn't work that way...it will be one payment and one release...when you are completely done treating.Posted: Mon Mar 23, 2009 12:01 pm Post Subject:
i'm wondering if i can receive demages for the knee and the back.will it be valued tegether or apart.
Why not? As the other members have pointed it out correctly if the injuries were resulted from the accident, you are entitled to receive compensation towards those.
Even if the injuries were caused by a negligent driver, you can still receive compensation from your auto insurer and later on get paid by the at-fault driver's insurance company.
Normally, the other driver's insurer would pay you once all the treatments are done. Therefore, before you get compensated by them you have to seek coverage from your auto carrier and the health insurer (if required).
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