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My unusual thought of the day - Comments? Any Attnys in the house?

MetalneckMetalneck Island of Misfit toysPosts: 1,364
edited 06/11/2012 - 8:42 AM in Health Insurance Issues
As I have continued to read posts about how many of us injuried our necks and backs - I was amazed at how many were caused by auto related accidents.

Some of us immediately knew that there were injuries and got coverage from the related auto insurance. But many of us have been afflicted with the dreaded "late effects" of auto trama 5 - 10 - 20 years after the original incident.

I find it pert near criminal that the there are specific time limits on filing for auto related injuries. How was I suppose to know that some 15 years after my last accident that my neck would begin to fall down like a line of dominos.

One of my accidents I was actually c-collared back boarded and taken to the ER and dx'd with "acute cervical sprain" - I did file suit and got lost wages, medical bills, and my car repaired at the oftending drivers "insurance" expense.

I now am facing long term dehabilitating - disabilites that are certainly tied to that accident ..... but guess what ... the clock has already timed out long ago for any additional claim, assistance, or compensation for the long term results of that incident.

I am sure that there are MANY other people that this has happened to - and once again the insurance companies have managed to get legislation that protects their bottom lines - and leaves us with our "assests" hanging in the wind.

What are the possible recourses? Could we start a spineys class action suit? Could we rally to have the laws changed?

Thoughts? Ideas, Suggestions?

Thinking out loud,

Spine-health Moderator
Welcome to Spine-Health  Please read the linked guidelines!!



  • When we were in an accident silly me didn't go to the hospital for a check up and that's a mistake. Being called by our new insurance practically on the verge of harassment and I told them so and they stopped calling thinking the two pedestrians who broke the law jaywalked in front of our car could come back in 7 years and sue us. I said I think not as they were charged and thank God it was witnessed by 2 police officers. If anything I should be going after them with a lawsuit but because it's unproven that it happened at that time I'm out of luck. That's why it's so important to get to the ER when it happens and get x-rays etc. and document the accident. Although I did go to the ER the next day I only got pain meds. It can't be proven that that accident caused the 'domino affect' but I know it may have affected me also. Very sad and wish I had ideas to go forward with this. Take care. Charry
    DDD of lumbar spine with sciatica to left hip,leg and foot. L4-L5 posterior disc bulge with prominent facets, L5-S1 prominent facets with a posterior osteocartilaginous bar. Mild bilateral foraminal narrowing c-spine c4-c7 RN
  • As someone who got here from a auto accident, there is lots to be said on this topic. I think all states maybe different as the length of time to file. But you get in the sticky situation of what someone did in the mean time that could have effected their medical situation. The other piece of this puzzle is unless it was someone who was working and you could sue the employer, your not even going to get enough to cover the medical in most instances. Say you get injured and the person is running with the bare amount of coverage 50,000/100,000 and you sue for that money. More than likely your insurance is going to have a claim to the money first, via a lien to recoop back their money, for the medical expenses they have paid out. Some states work on a percentage basis with laws that give so much to the insurance company and so much to the person. But in reality compared to what you lost the money isn't much. Now of course once the insurance runs out you can sue the person directly for what they have and payment, but your chancing they have something to actually pay you with. Even if you get a judgement in a jury trial awarding you money you are going to have pay someone to collect the money. The insurance company is only on the hook for the policy limits and then it goes back to the owner of the vehicle. While they maybe on the hook for the legal defense for the owner they are not on the hook for the actual cost after the policy limits. Now if you are carrying under insured insurance which most states don't use you can get some of your losses from that source, till you reach the policy max. I know it is a cruddy system but it is what we have to work with. I guess my point is with the seriousness of these issues here you would have certainly went through someone's policy limits and the insurance company is off the hook, so to speak.

    In addition you see this all the time with injured workers who were injured on the job thought they were doing better, then years later the problem got worse but work comp then says it is not their responsibility. The theory is they got you better and something you did cause the new onset of issues. The huge law suits that people hear about in the new for example the hot coffee spill at McDonalds are rare, to almost non existent.
  • The docs and myriad other specialists wont know what future apin and suffering are goin to be.they are going by statistics, you know...statistics, those changable and unreliable numbers the insurance companys use to change the rules when it suits them, these numers say that most folks will be ok after this type of accident, then they mak an offer based on these numbers and the injured and the lawyer have to take what they offer...or, they can go to court and tie you up in litigation, for as long as they need.
    This isnt a queston of health care reform, its a matter of the injured taking responsability for their healthcare. stay informed, ask questions and seek counsel you can find trust. dont be afraid to say no, dont be afraid to take a risk and not ask questions, its your LIFE, its YOUR HEALTH,
    most accidents ahve a 2 year statute of limitations from the occurence to the suit.
    Dave Ime 10 years in from the worthless drunkard who wrecked my life, like you, there are continuing and progressive health issues directly related and atributable to the original injurys, I didnt stay informed and didnt fight until recently, should hav done so from day 1...
    its a hard lesson to learn isnt it?
    luck to ya
    William Garza
    Spine-Health Mod

    Welcome to Spine-Health

  • MetalneckMetalneck Island of Misfit toysPosts: 1,364
    With over $500,000 in surgery alone over the past 4 years -It would have long used up the limits of coverage available from that policy.

    There is no justice - Just us. (unk)



    Spine-health Moderator
    Welcome to Spine-Health  Please read the linked guidelines!!

  • My lawyer told me that there was a law passed recently in NY that prohibits insurance companies from claiming part of your settlement. The only exclusion is workers comp who can still take their share.

    So at least for right now it is good to be in NYS. Finally something good!!!
  • dilaurodilauro ConnecticutPosts: 9,842
    It is amazing to read just how many people on this site started with spinal problems as a result of an auto accident.

    No question about it being difficult to settle a claim.
    Time which should be on your side is not when it comes to handling many of this situations.

    Things can get even worse when one of the parties in an accident has no insurance.

    My son was hit by a drunk driver several years ago.
    The driver ran out of his car and into a bar nearby.
    After my son got out of his car (had to climb through the sun roof), he ran over to that same bar.

    In side, he saw the man belting down shots of whiskey. My son called the police, they arrived, but couldnt do anything to that drunk driver, because they could not tell if he was drunk before and after the accident.

    This person did not have a valid drivers license, had no insurance and listed his address as the bar.

    We went to small claims court and we won the case and we should have collected $2,500 from the drunk driver. However, he contested that he had no job, therefor no money. Basically there was nothing we could do. The courts said (for a $250 fee) they could go after his wages... But the person didnt work.

    Bottom line, auto accidents and how they are handled can be very tricky. It is so important as the others stated here:

    1- Go to the emergency room so you have documented facts about any potential injury.

    2- Contact the Police department and make sure you provide all the details.

    3- Immediately contact your Insurance carrier to give them the details.

    And yes, the bad part is that even if you were ok after the accident, many years later something can crop up that hits you hard. How to deal with that, I do not know
    Ron DiLauro Spine-Health System Administrator
    I am not a medical professional. I comment on personal experiences
    You can email me at: rdilauro@veritashealth.com
  • Tomorrow will be one year since my accident. I have learned soo much in this past year. Two things have stood out more than the rest.

    1-you can carry uninsured motorist insurance. This pays you if the other driver doesnt have insurance or doesnt have much. This month I am redoing all of my policies and my minimums will be raised to $300,000. It isn't much more but the peace of mind is worth it.

    2-get the ambulance. One of my biggest mistakes was refusing an ambulance at the accident scene. My daughter and I were both sore but all I wanted to do was get home. The hospital we would have been taken to does not have the best reputation and it seemed like overkill. By the next morning I knew we had problems. The first question on every form I have filled out this past year is did you go to the hospital from the accident scene.

    I have never been in favor of government run health care because I don't think the government does a very good job of running anything. But I do think we need some type of standard health care that would allow you to get the treatment you need when you need it. When I think of the money spent on insurance adjusters and IMEs and all the wasted doctors time trying to get a procedure approved I get sick.

    If we eliminated the paperwork and took the money we already pay into health, auto, workers comp, medicaid and all the other programs, let alone what the lawyers and experts are getting, the whole country could have the care they needed.

    Of course we would have a whole field of people needing new jobs....oh well didn't think it would work. Hope there aren't any lawyers in the house!!

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