(I sustained a concussion, and some lacerations but am mostly okay now) Please forgive me if the following is jumbled.
On Thursday night I was buying some groceries. The next thing I remember is waking up in an ambulance. They did a bunch of tests and determined that I wasn’t bleeding internally or anything. They gave me prescriptions for pain meds and sent me home.
I just got back from visiting the local police and copying down any important seeming information from their accident report. One important detail is that they officially noted the driver was distracted. I am not quite sure how to proceed next. Do I send a letter to the driver? To their insurance company?
I don’t want massive inflated damages. I want my medical bills paid for. The ambulance crew had to cut off my t shirt, denim shorts and underwear. I feel the driver who hit me should pay for replacing them.
My father had many faults. But he was a wizard when it came to bureaucracy, paper work, and red tape. I really could use his wisdom now.
Oh, I realize that the best advice I may get from this thread is ‘get a lawyer’. In which case, I could use advice on finding a respectable attorney I can actually afford.
[ul]
[li]You only talk with your insurance company.[/li][li]Your insurance company talks with their insurance company.[/li][li]If you are not insured, talk only with your lawyer, who will talk with the other side.[/li][/ul]
good you’re mostly OK and just experienced some microphonics.
you file a claim with your medical and auto insurance. when they have the details that it was from an auto accident with the other driver at fault then they will go after them.
your clothes would be covered by your homeowners policy and be under the deductible amount, so it would go no where.
I wouldn’t communicate with them before getting legal advice. I’m assuming you weren’t in your car, or otherwise covered by your own insurance.
If you’re still in Philly, you can start at one of the massive personal injury firms (like this one http://www.smbb.com/ or this one http://www.klinespecter.com/). They’ll evaluate your case for free. Your case might be too small for them, but chances are they will refer you to someone half-decent if they won’t take your case.
I don’t know the personal injury market very well, but I suspect that if your case is worth less than $50,000, you’re pretty much left to the jungle of half-qualified folks who tend to take these cases. So your best bet is to get a referral from someone you can have a little more confidence in.
I also don’t know whether, in the post-2007 world, most of these guys and gals still take cases on contingency or not. If they do, that means you pay them a proportion of your award and not up front. So you can “afford” the best that will take your case. But some firms that traditionally relied entirely on contingent fees have moved to requiring up-front retainers of $5,000 or even $10,000. If that’s the case, then obviously you’ll need to shop around.
Many, many attorneys (I would say “most,” but I can’t back that up with a cite) offer the initial consultation free, whether over the phone or in person. They will be able to tell you if they think you have much of a case, and they will be able to tell you what their services will cost. That cost is usually a percentage of what they win or settle for you, so you only owe them if you get money.
And you may not think you want damages beyond your medical bills and ruined clothes, but you don’t know yet what the extent of your damages are. What if you’re still experiencing concussion-like symptoms six months from now? What if you realize you’ve lost range of motion in your neck?
If the other person was clearly at fault, you should probably have a lawyer to deal with their insurance company on your behalf.
The other guy’s liability insurance should be paying for your bills- the lawyers usually come in when you want money above and beyond the limits of the policy, or if the insurance company won’t pay.
And that’s a fine plan if you trust the other guy’s insurance company to faithfully represent your interests to their own detriment when you are not their customer and when they have no duty of good faith to you. But I think most people prefer to have someone advocate for them in that scenario. So if you can get legal counsel for free,* it’s worth the price.
His insurance policy should have items called “Liability - Bodily Injury” and “Liability – Property Damage”. Those coverages should pay for all your medical bills and clothing losses. You or your insurance should not have to pay for anything
You need to find out his insurance company and contact them ASAP. Contact your health insurance company and give them the details. Likely, your doctor visits will be billed to your insurance company (Medicaid/Cigna) and then they will contact his insurance company to get reimbursed. You will have to work directly with his insurance company to get reimbursed for your clothing and any other damaged property.
Start this process on your own. If his insurance company starts giving you problems, then get a lawyer.
Consult a attorney. They will generally handle this type of case for a % (or at leafs they used to). They will handle medical bills, etc.
Yes, I know, you don’t want a massive lawsuit, but what’s gonna happen is that they will get you medical, lost earnings, their fees and something like $10000 or so for “pain and suffering”. Maybe more.
Get a laywer. They most likely will handle this on a contingency basis (they get paid only if they win and then get a percentage of the settlement from the insurance co. - like 33% or something.)
This is what some lawyers do - let them do it. I’ve had to in the past - and there’s no way I could have done it on my own and received any type of settlement - I would have been screwed counterclockwise.
But then won’t he be on the hook for that 33%? The atty takes 1/3. Doc applies the remaining 2/3 to his bills but still owes 1/3
I could see getting a lawyer if you really are missing work and stuff, but does the insurance company really just toss in an extra $10k on top of the actual medical bills?
If you didn’t have Medicare and Medicaid (and SSI?) to deal with, I’d say you could try to handle it on your own before dealing with a lawyer. But you don’t want to do anything to screw up your eligibility, coverage, or benefits for Medicare and Medicaid (and SSI, if applicable).
Since the accident was the driver’s fault, Medicaid, Medicare, and/or Cigna will likely have liens against any settlement you receive because they are entitled to be reimbursed for expenses they paid on your behalf.
If you have any pre-existing medical conditions that were worsened by the accident or that complicate your recovery, they can have an effect on the amount of your damages. Also, OneCentStamp is correct that you don’t really know the extent of your injuries yet.
If it were me, I’d get a lawyer. I’d find someone who has lots of experience dealing with Medicare and Medicaid liens. There are tons of rules, and it’s easy to screw up if you don’t know what you’re doing.
*I’m not your lawyer, this isn’t legal advice, etc., etc.
My husband was walking to the bus stop to get to work. In 2009 he was hit by an asshole who wasn’t paying attention to the road. He had three very painful fractured bones including a fractured wrist that still hurts him to this day. An idiot cop contacted us and did just about nothing on the grounds it was an accident even though the guy admitted to being distracted and making a turn against the light. We hired a lawyer and sued. We won the case and got a sum of money. Sue the SOB. The right to drive is means the responsibility to not hurt others. IMO, too often people act as if the right to drive is essentially absolute. I happen to like to walk. Unfortunately, during my walks, I have been nearly hit half a dozen times by assholes over the last few years, including one the other day who came within half an inch of my daughter’s stroller when I was crossing a street with the light in the damned crosswalk.
So here’s how it happened for me, this was years ago. I hired the lawyer. They sent me to their Doctor and Physical therapist. They paid all the bills. They collected the medical part and kept it, after all they paid it. For the “Pain & Suffering” they kept 33% and I got $10000.
Yes, in my case they did toss in extra money (although I don’t know if this would apply to the OP - he should ask a lawyer - for personal injury stuff like this at least in my neck of the woods lawyer’s usually give free consultations - so it won’t cost him anything to ask.) Again in my case, the insurance co. covered all my medical, they covered all missed work, and they threw in more money that covered the lawyer’s fees and left me with a few thousand and me owing nothing to anyone as a settlement.
ETA or to put it so it’s understandable, what the guy above me said.
The legal market collapsed with the rest of the economy and firms of all sizes rethought their fee arrangements. In employment law, for example, pure contingent fee arrangements are becoming less common.
I worked at an insurance company through 2013 and have read thousands upon thousands of claim notes. You have a way better case than 90% of cases that I’ve seen attorneys take. Just call a PI lawyer, I guarantee they will take your case.
