Tony Garcia

I don't know if this is the proper forum to address this issue but here is my problem. I was T-boned by a woman talking on her cell phone and she blasted a stop sign at 45 mph. I ended up with a concussion and upper back and neck injuries. My truck was totaled in the accident. I will have to go to a chiropractor for the next 6 months to a year for treatment and I also had to retire from my job of thirty years because I could no longer do the work. Where do I go from here? Any ideas or suggestions would be appreciated.
Thanks
Tony

Glory's Sun

well, the first thing I would advise is to get a good attorney. You should be able to get damages from her if the insurance finds her at fault.

The_Jazz can advise on the insurance side of it when he's around, and there are some lawyers around here as well that can advise as well.

Lindy

Did you have insurance? If so, your agent should be able to help you with claims against the other parties insurance (assuming that SHE had insurance.)
Her insurance should have medical payments coverage to pay for your immediate medical care. If she had no insurance, your insurance should have medical payments coverage as well, and also "uninsured" or "underinsured" motorist coverage to cover your injuries when you are hit by an uninsured car. But that won't cover the damage to your truck.
An attorney would also be useful, but probably later. Just don't sign ANYTHING without getting legal advice. If you had to quit work because of this, you should be able to get additional compensation beyond your actual medical expenses.

Lindy

MSD

In addition to what has been said, ditch the chiropractor and see a real doctor.

Cheater

There was another thread that talked about Chiropractors vs. "real" doctors. There are good and bad on both sides. If you have a chiropractor that you trust, and it appears that nothing is broken, perhaps that is the way to go. No sense going under the knife if it isn't necessary. After my son broke his knee in a motorcycle accident, the first doctor he saw wanted to go in and place rods and screws immediately. He ended up going to his chiropractor and a different doctor who immobilized the knee. No surgery and he is fine today.
I agree with getting a good lawyer since you had to quit your job. Insurance will want to settle quickly since you were not at fault. Like Lindy said, "don't sign anything".
Good Luck

The_Jazz

This is as good a place as any.

In case you don't know, I'm a wholesale insurance broker who specializes in tough-to-place corporate casualty. I don't do ANY personal lines, including Auto, but I do know something about it.

It sounds like a bad accident. I'm happy that you came through it as well as you did - and at all. Where do you go from here, though? That's a great question. As mentioned, you should have filed a claim against the other driver's insurance already. I'm willing to bet that's already happened, though. You'll want to consult with a lawyer, especially if you have not settled the claim against her yet. Personally, I'd be seeking a settlement for her policy limits, regardless of what they are. You're going to be incurring medical expenses for years, and you no longer have a source of income.

Now, if she was only carrying the minimum amount required by the state (could be as low as $10k), then you have a couple of other options. First, if you were smart enough to carry Underinsured Motorists coverage, your own insurance company should kick in. If you didn't have that coverage, they probably won't do much for you. That means that your other option is to sue her. Which means that you should not sign any sort of document from her insurance company without having a lawyer review it and explain it to you. Personal injury lawyers can be good things at times, but I suggest you get a recommendation for a good lawyer rather than picking one that advertiises. The nearest law school might be able to make recommendations for free.

I'm not sure what other questions you have or if you want to ask them in public. My inbox is always open if you feel more comfortable PM'ing me, but I'll answer any questions here as well.

Good luck.

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