Sorry for not being around or answering texts

Discussion in 'The Watercooler' started by Star*, Dec 22, 2012.

  1. Star*

    Star* call 911........call 911

    I was driving myself to get a flu shot and got T-boned at an intersection by an SUV that was doing 55 in a 35 mph zone. DF was passenger....I was driving. Temporary paralsyis in back sent me to the ER (kinda scary huh?) and the van none the worse for wear. Something to be said for a 3/4 ton all metal Dodge product. Yeah no airbags....you get that look when people say "WOW Did your air bags deploy?, and you answer -----"Well it doesn't HAVE airbags, and the seatbelt is held down by two fishing sinker weights and the chair came out of the bolts."

    Other than feeling like we got rammed by a bison? The van has minimal damage. Front fender, blinker, stuff out of alignment, bumper bent.....but the other guys car was like cartoon ville - Hit us, and junk fell off. His foreign SUV maker rhymes with A Soda.

    SO haven't been on here much, missed some work, missed a lot of phone calls, and actually garnered sympathy from the old Dude. MOM? CALL ME NOW!! NOW.......NOW. (ROFL) yeah like you can do that inside a CT scan.....I'll be right there boy."

    I have not gotten an atty, have no idea what all this is about.....just know I'm sore, stiff, cranky - (anyone else have irritability with (yeah don't laugh) Naproxen?) WOW....not a good mix for me - grrrrrr. It's like super Aleve right? Not for me. For me it's like attitude in a bottle. Can't find them today - but did find a bottle of Aleve on the counter this morning with DF's urging me to TRY THOSE. lol.

    Okay so anyway.....why does someone get an attorney and not let the insurance company settle this? The kid has same insurance as us. And he stated at the crash......OH THIS IS going to RUIN me. Yeah? It's an accident. That wasn't as bad as the look on his face as when the officers started pulling up going 'Shes a first responder?" and more came and more came.......and the kid was freaking...and I'm thinking to myself.....WOW this is nice. Before the job can you ever get an officer to respond? noooooo Now I work for them and WOW.....that was kinda coool......o and if you were single and liked men in uniform (and I'm not saying I do) but....possibly there was eye candy there for someone. (hey I was paralized from the neck down not the eyes up) ....lol. Nothing wrong with my vision. lol.

    Hugs and have an awesome day......

    OH and by the way - just FYI - In trucking school we were taught to count 1 (pause) 2 (pause) 3 (pause) before proceeding through a green light at an intersection - DUE to the fact that people often run red lights. HAD I NOT observed that rule? I would have been T boned in the side of the van or rear quarter and had lots worse damage. What I failed to do was look left and right and left again. (I was talking and not paying attention to the road) Wouldn't have mattered though I doubt I could h ave stopped in time to avoid him at the speed he was going. He put the van up on 2 passenger side wheels..FUN ------
     
  2. buddy

    buddy New Member

    Oh Star! That sounds scary. I have had my car hit from behind three times. ONE time did I need an attorney. (and no I am not a person who stops fast and contributes to those accidents, in MN being rear ended is the only time no fault is not in force. it is one hundred percent the person who hits you).

    Anyway, for all three times, I was fully stopped at a red light. The time I needed an attorney I was stopped on a highway. Cops on the other side of the highway dealing with another situation, a lot of cops! So she was watching them and hit me from behind at 55 mph. I too was in a van. My body went forward into the seat belt then back and broke my chair back (yes, a hard hit)...I keep space between my car and others so did not slide into anyone else. Cops for witnesses???? a very good thing!

    Initially my insurance paid for all treatment (I had several compression fractures and to this day have pain, am getting closer to needing intervention beyond what we have tried so far)......when I hit that cap then I had copays and it really interfered with my life. I was told at first that unless there was an ongoing issue there was nothing a lawyer could/would do (unless an big injury like broken bones, paralysis, surgery needed, etc). Well after time one of my clients at my daycare (by then a friend) said I needed to go after them for reimbursement of my expenses and compensation. I did not get a huge amount of money....I think it was 14000 dollars which allowed me to cover past bills and have money to use for therapy. It had really added up. My insurance had said that since I had an autoimmune disease my pain was increased from that (totally separate issues) so they would not extend benefits and that is why I had to go that route. This was 15 years ago so maybe laws and things have changed and of course every state is different but I think it is smart to call and see what a reputable attorney would say. I dont believe in going after someone to destroy them or get rich. But you dont know what will be the result of this in the long run and you need to protect yourself. There are therapies that work that insurance wont cover....you just never know. They can advise you on how to record keep, what to do if the insurance demands a physical by one of their physicians (the answer is always for the insurance company) etc.

    I hope you heal quickly and fully. I dont know why that medication which is chemically similar to aleve would affect you so much? Maybe there is something else going on? What did they say was the cause of the paralysis? (where, what did they do, etc.) Did your brain get shaken up a little? that can cause crabbiness too.

    I hope you mend well. And I hope you dont need to fight for benefits. Glad he was insured! Soft hug.....
     
  3. hearts and roses

    hearts and roses Mind Reader

    Missed you~
     
  4. recoveringenabler

    recoveringenabler Well-Known Member Staff Member

    Star, I'm sorry you went through all of that, yikes, it must have been pretty scary. You sound like your old self, so it's so good to have you back again.........glad you're on the mend.

    Keep your options open for your accident and an attorney............I was once in an accident with an uninsured motorist who was the responsible one. My insurance company actually told me that they were now in the "adversarial position" with me. What? in other words, to collect anything I would have to sue my own insurance company even though I had coverage for uninsured motorists. So, I got an attorney, the case took 3 years at the end of which I was awarded the whole amount of money the uninsured motorist clause amounted to, of which I had to pay the attorney the one third contingency. I changed insurance companies, but really, you get the coverage and assume they will pay, but they don't always, you have to get an attorney to get you what you should get to begin with. Just for your information, when your insurance company makes you an offer, you don't have to accept it, you can counter offer. I've done that too. You can hold out and keep negotiating if you don't feel they are doing what is right. If it gets too hairy and they are not covering your medical bills and fixing your car and offering something for pain and suffering, then that's when people opt for an attorney. But, that's all your call, you have to do what you can live with and what feels right to you. Gentle hugs Star, hope you're back to health very quickly now...........
     
  5. witzend

    witzend Well-Known Member

    Ah-HAH! Now I know what's been going on! Anyway, the reason that you need an attorney is that the insurance company, even if you both have the same one, already has a figure in mind that they are going to cap you at. Like Buddy says, when that stops it becomes your burden whether you have insurance or not. They'll string it out 6 months and then you are on your own. Get yourself an attorney, and have them get together with your doctors to figure out lifetime costs on this. And I don't care if the van was a piece of junk when you started, seats coming unbolted is totaled in my book. You should be getting a new vehicle out of this. Get an old tank if you want, but yours is no longer safe.

    I'm not kidding, missy. Our friend Callie got rear-ended and had soft tissue damage that caused degeneration that never allowed her to work again, and she died at not much older than I am. Get an attorney now, not when the insurance runs out!
     
  6. DDD

    DDD Well-Known Member

    Gentle hugs coming your way....followed by harsh warnings, lol...Do NOT sign anything with-o counsel. It is complicated when the same insurance company covers both parties. The laws do vary State to State. on the other hand you really must be sure that you are fully protected for your future. Ask your friends at work to recommend attorneys you could confer with.

    One of the biggest reasons to avoid signing is because (sorry to sound negative but it is true) it takes a long time to discover which injuries are longterm. Two of my children and I were in a full size wagon and got hig by a VW bug that clipped the end of the wagon. We did 2.5 revolutions before landing on our side (between two palm trees no less, lol). I was in my twenties and only had a sore back. I signed once xrays etc showed no permanent injury BUT my back has been vulnerable for fifty years. Take your time, my friend, and protect yourself.

    by the way how is your DF? Sending hugs. DDD
     
  7. Hound dog

    Hound dog Nana's are Beautiful

    Scary! :O Glad you're ok for the most part.

    Keep that attorney. He will keep the insurance co in line and make sure you get what you should have. Otherwise? Not so much. Depends on the insurance co and the adjuster. But usually they settle for waaaaay lower without an attorney. Which can mean some bills not being paid and some damages not being repaired and some lost wages not refunded. Know what I mean?? Not to mention pain and suffering. Neproxin doesn't like me much either, or I it, whichever. I get snarky on the stuff while it does diddle for the pain. Not worth it to me.

    Hope you feel better soon.

    ((hugs))
     
  8. AnnieO

    AnnieO Shooting from the Hip

    Very gentle hugs and... I'm happy you're here! I agree though, I still get oddball headaches and have a permanent strawberry mark where my head hit the window when a cop rearended me. In 1992.
     
  9. cubsgirl

    cubsgirl Well-Known Member

    I'm glad that you are ok. Scary. I hope DF is doing well too. I agree with the others about retaining counsel. I wish I had when someone ran a red light and slammed into me back in 1995.
     
  10. Wiped Out

    Wiped Out Well-Known Member Staff Member

    So glad you are o.k.!
     
  11. Star*

    Star* call 911........call 911

    Well I'm taking ALL the advice under advisement.....and if I've been less than meself? Sorry - Naproxyn and Flexeril really make me crab-tastic. Not an excuse, but really it's the pitts. A friend at work told me the insurance company should offer me 3x what my medical bills total. If it's less than that? Get the atty. I was gobsmacked. I'm not a sue happy person, and hadn't thought about the bolts in the seat coming undone as a total loss. It would be okay by me if they totalled it, and let me go get a new something, but honestly at this point? It's the only thing that can afford, fit the wheel chair and walker into - and I've looked at what there is out there.....and (chuckles) out of all the PAIN and SUFFERING? I'd put looking for a reliable vehicle at the TOP of my list......right next to buying a house, and child birth....possibly in that order, divorce being a close fourth. Althought that really was more pleasure than pain. (thinks a moment - smiles - yeah- taking that off the pain table - that really was just all good) Tooth ache and migraine tied for fourth.

    I'll check around after Christmas....and Ipromise not to sign diddly do.

    Thanks all. The paralsiys has everyone a little fracked so I'm going for the CT scan. I did the nominal pick up the house cat ran her over my body and said - SEE THERE CAT SCAN COMPLETE! It was met with a dull cold stare....no laugh...just an impatient man that said "YOU are NOT funny." I mumbled as I gimped out of the room......I am too....you just have the sense of humor of dry popcorn poot. To which the DEAF man replied.....I HEARD that....and I know he did not. He was fishing, I'm sure of it.......until later he came back to my room shook a bag of popcorn and said "I have WAY more humore than this" then gimped down the hall.

    And it would be hard to tell if he's in pain from the accident....But it was pretty funny at the accident site......the guy that hit us got out and as he was looking at me....he was trying to decide in his mind if there was going to be a "way out" and I think after one look at me? He thought better of it.....then DF got out of the van and he got ONE LOOK at DF walking around to come see me - completely IGNORED this kid going "OH man I ........" and as DF turned to look back at him - ALL the color left the guys face, and his yap went closed until DF talked to him. LOL - Told you hes just got that look that says - I'm not friendly , I'm not nice, I don't like you.....and you, and you and you -and you I don't like twice. lol...but he's really a very nice man. lol. Something to be said about old bikers...lol. Chuckling even now when I think about it.
     
  12. 1905

    1905 Well-Known Member

    STAR!! (hugs) You were missed! You need an attorney! You're entitled to pain and suffering. You definately will have a mediation type of thing in a few years. husband tapped some lady at a stop light a few years ago, she was fine at the scene, 2 years later a knock at the door- we were served lawsuit papers, she ended up getting 40 grand from husband's ins. co, and there was NO DAMAGE to her CAR or to her at the scene. Clearly, your case is different, there is damage to the car, df and to you. HUGS.
     
  13. Star*

    Star* call 911........call 911

    :imok:<________my reaction to UAN's post. LOL.
     
  14. Mattsmom277

    Mattsmom277 Active Member

    Important to not sign off on anything for quite some time. I did far too soon, and realized that despite no breaks at the time, the nerve and muscle damage has lasted long term and I was dumb to have taken their offered settlement. I mean, I did nothing via insurance except get the replacement wages for the time I was forced off work and my medical costs for prescriptions. They badgered me by phone, despite me never calling the guys insurance company myself for any reason, wanting me to sign off. I kept saying no, not interested. I had meant I was not submitting a claim, but I guess I wasn't clear. Each offer was a bit higher. I was puzzled (naive!!!) at their constant daily calls and offers when I thought I was clear I wasn't making a claim. Finally i was so annoyed and the guy called with giberish of we want to close this file off by xyz date, would you consider (insert amount) and sign off? I was exasperated so said fine. They had couriered documents overnight, within 72 hours had a cheque to me. What a foolish mistake I made. A year later, I realized I was permanently going to have nagging issues that medical documentation proved directly caused by the accident. If I hadn't given in to the nagging, and had sought legal advice, I would now be able to go for therapy that may help give me some relief. You're a smart cookie, I know this. But warning you anyhow in case you're the same as me, in not wanting to be all "Give me a settlement", only to have it bite you later.

    I do hope you feel better soon!!!
     
  15. witzend

    witzend Well-Known Member

    Your and DF's having been in poor health prior to the accident only complicates matters and makes it more important that you get an attorney. They will claim pre-existing condition on everything that is wrong with you. See the doctors that you want to see, and don't release your medical records!
     
  16. tiredmommy

    tiredmommy Site Moderator

    I'm just glad you and Df are okay. :crying:
     
  17. susiestar

    susiestar Roll With It

    Star, I am so very sorry that you and DF were in the accident and were hurt. the paralysis thing is a BIG deal and needs to be thoroughly checked out in every possible way. You and DF are going to NEED an attorney. Don't just pick one out of the phone book, talk to several and ask some of the cops which attorneys they would use, which they respect and recommend. They often know which are sharks and which are shysters.

    One BIG reason the kid has an attorney stems from his comment that an accident would 'ruin' him. It sounds like he either has a history of accidents that were his fault, or DUI or some other reason that makes this a bigger than normal deal. I would suspect it isn't his first accident and that he may have drug/alcohol issues and this could prove to be more than just an accident for him. Do NOT sign anything until you are sure your atty has checked to make sure he doesn't have a history of doing this or other reckless driving.

    Do NOT hesitate to go back to the doctor for something other than naproxen. I hate the stuff because it makes me break out and it also makes me very, very dizzy. There are a ton of other nsaids they can rx, and you can also try tramodol or other pain medications. Flexeril? problem is making you grumpy because it makes you tired but interferes with sleep. It does absolutely nothing for me and never did, but I know a lot of people who are grumpy on it because they are exhausted but they cannot sleep for more than a couple of hours with-o waking up. It is why my pain doctor doesn't usually rx it.

    Please be extra careful with this. It is possible for damage to not show up for weeks or even months after an accident. Witz is right about the seats coming unbolted meaning the van is totalled. Insist on replacement and NOT just compensation for the cost of the van. Esp since you must fit a wheelchair and a walker in it.

    Don't forget to ask for lidoderm patches to help with pain. It could be very useful.

    (((((hugs)))))
     
  18. muttmeister

    muttmeister Well-Known Member

    Glad you are OK (relatively speaking). Don't know anything about insurance but I hope it all turns out OK. Vehicles can be replaced; people can't. Take care.
     
  19. InsaneCdn

    InsaneCdn Well-Known Member

    Just 3x? Star... seriously.

    This was a right serious accident. Seats ripped out of floor-pan?! Beyond totalled. Plus, a side-hit? Guaranteed totalled anyway (frame damage). You need replacement vehicle irrespective of medications costs - plus, only an interim settlement. Side-hits are extremely hard on the human body. About the worst there is, next to being run over.

    I'm not naming dollar figures or multipliers. Just sayin'... You need to look after YOU, and DF, and a proper replacement veh that will handle that wheelchair & walker, and maybe two of them depending (Know what I mean??). Including wheelchair lift if it comes to that 10 years down the road.

    And that's before we talk about "pain and suffering".
     
  20. HaoZi

    HaoZi Guest

    Aleve IS naproxen, just the shelf name of the Rx version. I used to take the Rx version for cramps when I was younger so I take a HUGE amount (Rx amount, i.e. about 4) of Aleve for cramps and migraines because I'm so familiar with it and that was equal to my Rx when I took it that way. I'm a bigger fan of ketoprofen myself, a much smaller amount will do a better job for me, about 50-100 mg. It's another NSAID, related to ibuprofen.

    I hope you mend up well dearie!
     
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