My wife got in an accident where a truck hit her in the rear and pushed her into the car in front of her. The FJ sustained about $8k damage and is repairable.
Other than the normal seatbelt pain and shock from the accident we do not think she is hurt. She had a back problem about 40 years ago (flipped a sand rail) but it has not bothered her for over 30 years.
I am trying to figure out how to settle the medical with the insurance company. We are going to have her back checked out to be sure there are no injuries from the accident.
I do not want to scam the insurance company but, I don't want to be caught paying out of pocket in 6 months because I settled for nothing. Also my wife has been having trouble driving due to fear of the accident. This will go away.
I feel there should be some settlement amount but I don't know what is right.
[MENTION=73242]Desert Fox[/MENTION], You really ought to consider retaining a lawyer. Many years ago, before my present occupation, I treated hundreds of MVA patients for various neck and back issues. Most had to retain lawyers to have, not just their current medical claims paid, but future claims, as neck and back injuries can have issues that crop up further down the road.
Typically, a personal injury lawyer will sue the guilty party's auto insurance for three times your medical bills. They (the lawyers take a third), and the balance goes to the injured party OR the injured party and any unpaid medical bills. I say "any unpaid medical bills" as sometimes the injured party's own health insurance pays said bills OR, in many cases, the injured party's PIP coverage on their car insurance will pay the immediate medical bills.
Many people with full coverage insurance on their own vehicle, have something called PERSONAL INJURY PROTECTION coverage (or PIP for short). For example, your wife has a car accident and is injured. Your wife files a claim against the guilty party's auto coverage, but this could take months to pay out. Your wife's own PIP coverage on her car will kick in and cover 100% if her medical expenses for the time being, up to a certain dollar amount. It used to be an automatic $5k, but I'm not sure what it is currently. Anyway, if all of the medical bills are paid by said PIP or health coverage, then all the "balance" of the other party's auto insurance, minus the lawyer's 30% goes to the injured party to cover any future medical costs as well as pain and suffering.
It's not a scam. This is normal, EXPECTED business for both parties in an auto insurance accident claim. A neighbor of mine, had a car accident almost twenty years ago. Fifteen years after said car accident, he had to have two cervical vertebrae fused because the long term affects post accident caused his disk to bulge and eventually rupture. He did not understand, at the time what could happen down the road. He ended up paying over $2k out of his own pocket for his deductible and coinsurance. Not to mention that he will STILL have affects from that heavily invasive surgery, even further down the road. It's difficult to predict these things. Understand, I absolutely hate lawyers, and I do believe there is a special place in the burning LAKE OF FIRE for most of them. But in this type of instance, you need one. Trust me, the guilty party's insurance has hundreds of them!
Anyway, I'm glad to hear that your wife is well. Good luck to the both of you!
