2nd in 4yrs hit by another insured. Broken Egg injury

Posted: Tue Mar 02, 2010 12:19 pm Post Subject:

Revin, you've got a pretty big hill to climb my friend. Let me start by saying, I'm not doubting your pain, or that you suffered, additional pain due to this accident. I'm just letting you know how the carrier is going to see this, ok? nothing personal..

1. Whether you release prior records or not, the carrier already KNOWS about your prior injury. All injuries with insurance companys are imput into an 'index' system.
2. Do you know what their policy limits are? Just because your last wreck was a 20k policy doesn't mean this one is..nor does it mean you have a 'limits' injury (and I dont' think you do regardless of the injury).
3. You've again racked up (was this intentional?) mega med bills, but all except one month of P.T. are diagnostic. Which really add zero to a claim, other than eating up money.
4. You're correct on the 'cracked egg'. This accident (presumeably) did not 'cause' the injury it 'aggrevated' a pre-existing injury at best...the latter is rarely if ever 'worth' as much as the one that 'caused' it.
5. No carrier is going to settle without seeing doc records/reports for this 'injury'...you've got a real ISSUE with this part of your claim,

but no doctors want/willing to speak about connection to "auto injury".

Posted: Wed Mar 03, 2010 04:15 am Post Subject:

Hi Lori,

Thanks for the candid response. I'd like to start with #3 about the current medical cost. I have tried diligently to keep it at a minimum.

I had stopped by on my way home that day to inquire with my previous therapist about using him again. I have had other work injuries and the prior mva before and seen sooooo many "medical people", that he is 1 of about 3or 4 that were not "big headed egotistical @#%#$%".,and he confirmed that he could treat me with a doctor's order.

I went and seen my personal doctor a couple days after to set up the P.T, and was prescribed a pain med[darvocet], a muscle med[skelaxin], and a nerve med[meloxicam] and the order for P.T., which began that next day. This is where I used my MedPay, for the P.T. and the 4or5 doctor visits within the first 3 mo or so.



A follow up with my doc on 8/20 was given a diazepam med. Then on 8/28 another darvocet was issued along with a script for Duragesic.

I was in immense pain still, but tried to continue on as best as I could.Mainly because my job entails very critical physical work for national security for the most part.

I feel It is my duty to do what ever it takes to ensure that the men & woman serving our country have what they need to insure the can come home safely, knowing that my work was able to perform as needed to keep them safe.

After 1 month the pain was still profuse and the doc doubled the pain med to 80 per month.



This roller coaster of pain attacks keeps ongoing even to this day.

After about 6 weeks of P.T. I had been thru all the training for rehab, and was decided to stop sessions and proceed with my home schedule of PT routine's.



November in the ,08 year my doctor ordered MRI scans since I was still having severe pain first was the lumbar. As with my previous[04]results, it was the same DDD and spinal stenosis. I have been told pretty much the same since my 2nd ruptured disc in 2001[severe left leg pain and low back pain], which was later resolved with an operation. Thing is about that '01 injury was that 1 prior doctor, and then a "specialist" stated that it was just a "sprained hamstring" and muscle tension, that I should do more exercises.

A couple mo later a different doctor ordered P.T., and after a week he said that there was something very wrong and ordered an MRI

Sure enough the hamstring sprain was a ruptured disc.crushing the left nerve for a few weeks [WTF]


March 09 a new doctor ordered a nerve motor function, and Cervical MRI, and again same dia, DDD ect.. He then changed me to 120 Darvocet a mo which is where i'm still at today plus the Fentanyl, and valium.

This is very much the exact same way as with the 04, even knowing about the previous symptoms, and even being treated for a Work comp injury to my neck that happened 5 days before the mva, then during the deposition the treating Dr could not state how much was contributed to the mva,

After my deposition I then realized that it is indeed a "game" that between the lawyers to hash out what to "payout".
There is really no difference this time except I have not spent wasted money for test, injections and just more visits to a dr.

I feel they decided that it was cheaper to just payout get there portion, and also relieve the owner from getting sued personally.
A very good friend who is a Claims Rep, and also my local independent repair shop owner, both that I have known for about 30 yrs, had told me pretty that would much be how it would play out over a year before, and that it's just "part of the game", especially when they know the defendant is totally at fault, and also based on physics involved in the collision.
Think about it, on a parking lot within the movement of about 2 car lengths a collision, bent the rearend housing and caused almost a total loss to a $11,000 truck, a severe obliuqe whiplash, with documented photos of the vechiles, and y neck. Plus a signed diagram from the defendant showing that she "did not see me" and collided into me.

Lori I'm not trying to justify "why" I should get a settlement, just that based on my previous experience, they don't give a ratsazz about anything, except how cheap can they get away with, or even the chance that a jury would may decide that it was indeed worth a large sum of money and the insured and/or driver be sued personally.

They had tried to mislead me about the repairs of my truck, stating that they were going to total it, and that there was nothing I could do about it.
I promptly informed them that after talking to my local collision advocate and the Mo. Dept. of Insurance, that they were liable to pay for any repairs needed to conform to a pre-loss condition, if that could be done for a reasonable amount, and based on what information I gave them, it indeed was reasonable to be repaired since they could not replace it with a similar truck.
In the end it was cheaper any way to repair, and even settle for 21 days of loss of use.................

Do I have to tell them that I have the signed diagram, and photos?

It's just that they seem to think they can "bully" me[or any1] and even now I received a letter stating they have made "several attempts" to contact me, and that I have failed to respond, and they will consider the case settled if I do not respond within 15 days.[ after it took 8 days to get to me] I could not reach him by phone,

So I found his email and told him the only contact they have made to me was the 1 letter responding to my request from him saying I could sign a med release, or turn in the documents myself
I also stated that " I my name ask that all communications be done in writing for reasons that follow.
The letter recieved today stated that they have made several attempts to contace me, of which none have been received.

His response was that the dont have my phone# so the have not been able to reach me.[then how did they make the several attempts, and do they not know how to use a phone book to match a name with an address???] He then asked for me to send him my phone# so he can call me,
even after I stated "all communication's be done in writing " ??????? Then why did the postman deliver the 1 letter, oh yea they used my address to CONTACT me lol

I dont feel that I want to have any more talks by phone, when they will say one thing, then deny to send it in writing to me.

Sorry if i'm also ranting, but do you see the same pattern thats going on?

I do know that 1 of the specialist,I seen in the 04 ordeal, a surgeon had told me from the very first time I seen him, when he entered the room"Dude you're one f-up guy lol"
I'm like huh, "Wow, OK youre cool straight forward guy". So whatcha mean?
He told me that "any 3yr resident can take a look at my 40+ scans and see I;m ate up, 2 disc gone, but still work full time, gotcha some kohansa there buddy, hats off to ya"
After I mentioned that I had a Ranger, first thing he said was "the seatbelt gotchya didnt it?.

I did a follow up with him at some time here after this collision, showed him the pics of the wreck and neck,and he did say that there's no way in hell it couldnt have [messed] me up. He offered to send me to his pain management colliage, but I told him I was still able to get them from my current Dr. He wished there was something he could cut away to help but it's just not possible without a big risk vs. outcome.
At least 1 is on my side, and he dont care about the "politics" of saying something that my lead to a judgment for some one.

I have even had 1 doctor tell that he did not want to do anymore treatment untill the "litigation's have been settled, I dont want to get involved in any of that"

revin

Posted: Wed Mar 03, 2010 04:32 am Post Subject:

1970firebird:

You have any uphill battle to put it mildly. Your post is somewhat difficult to follow, but it looks like you have at least two work injuries and a prior car accident. You talked about 2 ruptured discs and on-going pain prior to this accident. Glad I'm not your adjuster.

You really don't have much of a choice here. Sign the medical auth or get an attorney. They already know about the prior accident and will have a good idea what your injuries were. So send them the auth or if they okayed it, send them the records yourself. See where you get as far as a settlement. I wouldn't expect much. Or you can get an attorney, if they will touch it.

Posted: Wed Mar 03, 2010 01:37 pm Post Subject:

plus the Fentanyl, and valium

Do I have to tell them that I have the signed diagram, and photos?

Posted: Thu Mar 04, 2010 01:42 am Post Subject:

Thanks again for the replys, I hope I can help explain some

Or you can get an attorney, if they will touch it.

Careful with those patches...lots of bad press, and deaths...I personally tried a couple before I read about them...and no long mess with those.. Valium, is not a pain reliever to my knowledge...so doubt that will be considered

If I were you, I'd gather all my information, make a demand 'packet' with everything very well organized, and send it in with a 60 day response included in my demand...see where it gets you...

Posted: Thu Mar 04, 2010 12:17 pm Post Subject:

You're welcome...let us know if we can be of any assistance, and how it comes out.