by lindsay_richardson » Tue Jan 31, 2012 01:52 am
I was invloved in a hit and run on New Years Eve. Vehicle in front of me stopped, I stopped behind them, the vehicle behind me proceeded to hit me at 50mph from behind and thus caused me to hit the car in front of me. Vehicle who hit me took off before I could get out of the car. I was transported by ambulance to the ER with neck and back pain. Person in front of me was fine, thankfully!
Since then I have gone to the doctor numerous times, had a MRI as I am having tingling and numbness in my left arm as well as reduced strength, gone to physical therapy pretty much every day and am now going 3x a week for the next three weeks.
I do not have the traditional work schedule. I work 3 days on (12 hour shifts) and then 3 days off. Since the accident I missed 1 full daysof work and worked 5 shifts with reduced hours (6hrs/day) as outlined by my doctor to my employer and then was taken out of work completely last week as well as this week. So I have missed a total of 8 full days of work and 5 half days of work. Also during Jan-April I work as a tax preparer on my days off and have missed 37 hrs there total. I don't know if I will be released back to work by my doctor after this week as my employer requires that I be 100% released with no restrictions before coming back.
My medical bills so far are in the neighbourhood of $8000, lost wages around $4400 (both jobs). I am dealing with my uninsured motorist coverage thru my own insurance company and the adjustor has offered me $8000 medical bills, $1500 future treatment, lost wages of $960 and pain and suffering of $1500. This seems really low to me and am not even sure if I should entertain them seeing as I am still receiving treatment and have not been released back to work.
Since then I have gone to the doctor numerous times, had a MRI as I am having tingling and numbness in my left arm as well as reduced strength, gone to physical therapy pretty much every day and am now going 3x a week for the next three weeks.
I do not have the traditional work schedule. I work 3 days on (12 hour shifts) and then 3 days off. Since the accident I missed 1 full daysof work and worked 5 shifts with reduced hours (6hrs/day) as outlined by my doctor to my employer and then was taken out of work completely last week as well as this week. So I have missed a total of 8 full days of work and 5 half days of work. Also during Jan-April I work as a tax preparer on my days off and have missed 37 hrs there total. I don't know if I will be released back to work by my doctor after this week as my employer requires that I be 100% released with no restrictions before coming back.
My medical bills so far are in the neighbourhood of $8000, lost wages around $4400 (both jobs). I am dealing with my uninsured motorist coverage thru my own insurance company and the adjustor has offered me $8000 medical bills, $1500 future treatment, lost wages of $960 and pain and suffering of $1500. This seems really low to me and am not even sure if I should entertain them seeing as I am still receiving treatment and have not been released back to work.
Posted: Tue Jan 31, 2012 02:32 am Post Subject:
Forgot to mention that the adjustor is saying that they usually only pay 3 days lost wages and that she made an exception to cover a week off for for me as I work longer hours and have a strenous job. The 8 full days of work and 5 half days and the 37 hrs from my second job is $4400 in lost wages already!
Posted: Tue Jan 31, 2012 11:29 am Post Subject:
When you buy a car do you start by offering top dollar?
What the adjuster offered you was and initial offer. You can feel free to wait until you are done treating to talk about settlement (and this is what I would recommend) and then also keep in mind that the initial offer is just that... a starting point for negotiation.
Most likely your doctor will write a note stating how much long you were not able to work. The adjuster can claim anything but unless they have MD after their name, they need to go by what the doctor states (within reason). You can also argue that _due to the injury_ your employer would not allow you to return to work. If you really want to sound legal, throw in a low of "but if"... such as, "but if not for the injury I would have been able to work". That is usually the legal standard that applies in this case. It does not matter if you were physically able to work... your employer would not allow it due to your injury. Many employers do this... it's no unusual (they don't want a workers comp claim).
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