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    #16
    Originally posted by Mr_Mantis
    Make sure you go to the hospital to get checked out. Don't be macho if you are in pain, get therapy.

    You will not be fully compensated for your property damage, consider it making up the slack on your injury claim. Good luck.
    Good advice. I plan on going to the doctor later today work load willing.

    Akira Musashi is definitely correct in that it is impossible to keep anything nice on the road today. Especially if you live in or around a city. It was only a matter of time before damage occured, I just didn't expect it so soon or so drastic.

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      #17
      You probably have some sort of "no-fault" or "med-pay" coverage as part of your auto policy. Use that to pay for any medical treatment. I would strongly recommend getting thoroughly checked out, including and especially an MRI, before rolling again. It's very common for disc injuries to manifest themselves weeks or months after the trauma. If you have an injured disc and you train, you'll end up making it much worse, it will take much longer to heal, and you'll most likely have significant future problems.

      If it's just soft tissue, once again, make sure you're cleared by a doctor before training again. otherwise, this could turn into something that could be a persistent problem for a long time.

      Comment


        #18
        Also, if you decide to pursue an injury claim. Feel free to PM me. If your injuries are significant and you feel you need an attorney, I'll give you a heads up as to what to look for in a good PI attorney. If your injuries are not significant and you want to handle your claim yourself, I'll walk you through it and tell you what to look out for.

        Good luck.

        Comment


          #19
          Originally posted by lawdog
          You probably have some sort of "no-fault" or "med-pay" coverage as part of your auto policy. Use that to pay for any medical treatment.
          He should try and use hospitalization, if he has it, first, or if he was working, submit a worker's comp claim. Reason being, he can benefit from the contracts on the subrogation with hospitalization and if worker's comp, last I checked, no need for reimbursement. The medpay is subject to subro, and if he does need an MRI, he'll need it for that. Try not to let providers who will accept a LOP suck up all the medpay.

          He should not make any statements to the insurance company (tortfeasor).

          Judging by the amount of damage, he should get legal counsel and not try to do it on his own. He's liable to fuck up his case.
          “We are surrounded by warships and don’t have time to talk. Please pray for us.” — One Somali Pirate.

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            #20
            Sucks the way the system is set up. You are lose your favorite car, pay more in premiums, pay for medical expenses out of pocket, etc. My dad got nailed last year, and they totalled him. He decided to fight the insurance company because they were trying to screw him. A year later he has not received a settlement, was forced to buy a junker to get to work, and hit his credit because of the medical bills that are late.

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              #21
              Originally posted by Mr_Mantis
              He should try and use hospitalization, if he has it, first, or if he was working, submit a worker's comp claim. Reason being, he can benefit from the contracts on the subrogation with hospitalization and if worker's comp, last I checked, no need for reimbursement. The medpay is subject to subro, and if he does need an MRI, he'll need it for that. Try not to let providers who will accept a LOP suck up all the medpay.

              He should not make any statements to the insurance company (tortfeasor).

              Judging by the amount of damage, he should get legal counsel and not try to do it on his own. He's liable to fuck up his case.
              Whether or not med pay or "no-fault" would need to be reimbursed depends upon the jurisdiction. In Florida there is no right of subrogation, and that tends to be the general rule, but once again every jurisdiction handles it differently.

              I'm not sure what you mean by hospitalization, but if you're talking about general health insurance it would have a right to subrogation. But yes, he would have the benefit of the negotiated contractual rates, but still not as good as no subro. rights. If the general health is an ERISA policy, the amount would be limited further by the "made whole doctrine" (once again, depending upon the jurisdiction). I generally settle these ERISA liens for pennies on the dollar.

              Workers comp. always has a right of subrogation. However, you are correct that if workers' comp. is available, it's better to use that first, then use the med pay or "no-fault" to reimburse the workers comp. This generally increases the overall settlement for a variety of reasons.

              I also agree 100% regarding communications with the other driver's insurance carrier. However, HE SHOULD NOT make the mistake of ignoring his own carrier (med pay, no-fault, pip, UIM) or their attempts to acquire information. This might prejudice them in which case they'll refuse to compensate him at all. He must walk a fine line regarding his own carrier.

              I agree regarding counsel. If he chooses to pursue a claim, it would be foolish to do so without a lawyer, as it's like playing a game without knowing the rules. Lots of mine fields.

              Either way, good luck. I know what a pain in the ass it can be.

              Comment


                #22
                Originally posted by lawdog
                Whether or not med pay or "no-fault" would need to be reimbursed depends upon the jurisdiction. In Florida there is no right of subrogation, and that tends to be the general rule, but once again every jurisdiction handles it differently.

                I'm not sure what you mean by hospitalization, but if you're talking about general health insurance it would have a right to subrogation. But yes, he would have the benefit of the negotiated contractual rates, but still not as good as no subro. rights. If the general health is an ERISA policy, the amount would be limited further by the "made whole doctrine" (once again, depending upon the jurisdiction). I generally settle these ERISA liens for pennies on the dollar.

                Workers comp. always has a right of subrogation. However, you are correct that if workers' comp. is available, it's better to use that first, then use the med pay or "no-fault" to reimburse the workers comp. This generally increases the overall settlement for a variety of reasons.

                I also agree 100% regarding communications with the other driver's insurance carrier. However, HE SHOULD NOT make the mistake of ignoring his own carrier (med pay, no-fault, pip, UIM) or their attempts to acquire information. This might prejudice them in which case they'll refuse to compensate him at all. He must walk a fine line regarding his own carrier.

                I agree regarding counsel. If he chooses to pursue a claim, it would be foolish to do so without a lawyer, as it's like playing a game without knowing the rules. Lots of mine fields.

                Either way, good luck. I know what a pain in the ass it can be.
                In Ohio, the medpay insurer has a right of subro, sometimes we can get them to waive it though. Believe it or not, here in Ohio, the last time I checked, there was no subro right on worker's comp.

                Ohio is not a "no fault" state, there is no fund. You are right on the under claim if he has to make one. He's likely to get a reservation of rights letter before they start denying coverage. These insurance companies share information too, so be careful. Whatever you do, don't give an insurance company a medical release. That's like signing your own death warrant.

                Ohh! Almost forgot ~ take many pictures of your car, a whole roll.

                If the tortfeasor's insurance company is Allstate or State Farm, just call an attorney now. Don't use any of the ones that send you crap in the mail, they're all whores.
                “We are surrounded by warships and don’t have time to talk. Please pray for us.” — One Somali Pirate.

                Comment


                  #23
                  Originally posted by Mr_Mantis
                  In Ohio, the medpay insurer has a right of subro, sometimes we can get them to waive it though. Believe it or not, here in Ohio, the last time I checked, there was no subro right on worker's comp.

                  Ohio is not a "no fault" state, there is no fund. You are right on the under claim if he has to make one. He's likely to get a reservation of rights letter before they start denying coverage. These insurance companies share information too, so be careful. Whatever you do, don't give an insurance company a medical release. That's like signing your own death warrant.

                  Ohh! Almost forgot ~ take many pictures of your car, a whole roll.

                  If the tortfeasor's insurance company is Allstate or State Farm, just call an attorney now. Don't use any of the ones that send you crap in the mail, they're all whores.
                  The differences in jurisdictions are always interesting. I'm really surprised about the workers' comp. I wasn't aware of any jurisdiction allowing comp. to subrogate. Florida is a no-fault state and has mandatory PIP (no-fault) coverage but offers optional med-pay. A few years back, the med pay was pulled from the no-fault statute, so some carriers have begun trying to subrogate their med pay dispursements. Being litigated as we speak. Most, however just consider it as still part of the no-fault scheme with no subro. rights.

                  Excellent advice regarding the advertising attorneys. Most are just PI mills (with some exceptions). Avoid the PI mills like the plague. It's obvious just by reading this post how complicated something as simple as paying for medical treatment can become. Choosing the proper payors and sequncing can have a significant impact on the amount of money that ultimately ends up in your pocket vs. lost in the system. Not to mention making sure the funds don't dry up before you are fullly recovered. And this is only one small aspect of the overall case. You can imagine how complicated these cases can become, and the amount of individual attention each client needs. This why the PI mills suck. They won't know you or your case very well, thus resulting in a mediocre outcome at best.

                  I would add Progressive and Geico to the list of offenders. In fact, in my experience they're much worse than State Farm, and a little worse than Allstate.

                  Since this thread is quickly becoming extremely boring...that's all I have to say about that.

                  Comment


                    #24
                    Originally posted by lawdog
                    I'm really surprised about the workers' comp. I wasn't aware of any jurisdiction allowing comp. to subrogate.
                    Is there a typo in there? In Ohio, worker's comp does not have a subrogation rights. I did a quick check, the legislature tried to pass the law, but it was found to be unconstitutional. So, if worker's comp pays the bills, you don't have to pay them back at the end of the day, and under the collateral source rule, the defense can't bring that issue up!

                    HA! Boring? What do you mean boring? This is facinating stuff! :rolleyes:
                    “We are surrounded by warships and don’t have time to talk. Please pray for us.” — One Somali Pirate.

                    Comment


                      #25
                      Originally posted by Mr_Mantis
                      Is there a typo in there? In Ohio, worker's comp does not have a subrogation rights. I did a quick check, the legislature tried to pass the law, but it was found to be unconstitutional. So, if worker's comp pays the bills, you don't have to pay them back at the end of the day, and under the collateral source rule, the defense can't bring that issue up!

                      HA! Boring? What do you mean boring? This is facinating stuff! :rolleyes:
                      Yes, good catch. That was a typo. I meant to say that I wasn't aware of any jurisdiction that DID NOT allow workers' comp. to subrogate. That must be great for your clients. Usually the comp. carriers work pretty well with me, but sometimes they won't give an inch.

                      Comment


                        #26
                        Someone creamed my 99 pontiac, so I bought a 69 cutlass.

                        4000 pounds, 400 decibels, and 400 horsepower; bright orange.

                        People stay out of my way now.
                        And lo, Kano looked down upon the field and saw the multitudes. Amongst them were the disciples of Uesheba who were greatly vexed at his sayings. And Kano spake: "Do not be concerned with the mote in thy neighbor's eye, when verily thou hast a massive stick in thine ass".

                        --Scrolls of Bujutsu: Chapter 5 vs 10-14.

                        Comment


                          #27
                          Originally posted by lawdog
                          Yes, good catch. That was a typo. I meant to say that I wasn't aware of any jurisdiction that DID NOT allow workers' comp. to subrogate. That must be great for your clients. Usually the comp. carriers work pretty well with me, but sometimes they won't give an inch.
                          Yes, it is a good thing.

                          Ohh, yes, how can I forget about progessive. I've had problems with Grange too.
                          “We are surrounded by warships and don’t have time to talk. Please pray for us.” — One Somali Pirate.

                          Comment


                            #28
                            Just reading your back and forth about the law reminded me of why I decided against that career path way back in high school. It also reinforces the fact that I really would need counsel if I chose to pursue a claim.

                            Anyways, I went to the ER this morning just to have them check my neck/spine/back out just in case sometime in the future this injury becomes a problem. The doctor basically told me not to roll for 5-7 days and prescribed me some muscle relaxors and anti-inflammitories (sp?) which I probably will not fill. I'll just will not roll until Monday and put the old heating pad on it in the mean time. Though I did option for the ER to bill me instead of my med insurances or my car insurance because they probably wouldn't pay it anyway. After a settlement is reached I get it reimbursed by Chubb.

                            I have already spoken to the agency of the lady that hit me, Chubb Insurance. Apparently the vehicle is company owned if that makes any difference to being privately owned. My piece has already been moved from the tow-yard to a repair shop and tomorrow I'll head over to authorize repairs after I see what the adjuster has to say about all the damage.

                            However boring it may be I do appreciate the back and forth Mr. Mantis and lawdog.

                            I am already looking into the Scrapper/Akira Musashi solution when this is all sorted out. A rwd sports car that has been rear-ended will never drive the same again.

                            Comment


                              #29
                              Chubb? Oh boy...
                              “We are surrounded by warships and don’t have time to talk. Please pray for us.” — One Somali Pirate.

                              Comment


                                #30
                                Those veggie fuel systems sound good, but you have to have a diesel engine to do that, and I'd feel odd asking a chinese restaurant to give me 20g of old peanut oil.
                                http://www.youtube.com/watch?v=qGXiN-_BCts

                                Numa ^ 3

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