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  • speaking of lawsuits....

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    Old 09-04-2003, 06:33 AM   #1
    avogadro
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    Angry speaking of lawsuits....

    I was reading the post about a lawsuit so I thought I would post about my situation. I might have posted this story before so please disregard if you have read it already!

    The car accident which caused my bulging disk, which then caused the arthritis, was in June of last year. I was rear ended while sitting at a dead stop at a red light. That pushed my car into the intersection and was then T-boned by on-coming traffic. The woman who hit me was speeding and said she was looking for a particular store and did not see that I had stopped (at a RED light… DUH!). Totally, 100%, her fault. http://www.healthboards.com/ubb/bang.gif

    Anyway, her insurance has never paid a dime. All I wanted was to be reimbursed for my co-pays for office visits and prescription, my medical insurance has covered everything else. This has been over a year of $15-$30 co-pays. It is not much but it sure has added up over the last 15 months. I went to the hospital from the scene of the accident, had x-rays, then to my PCP (more x-rays), then to physical therapy, then to an orthopedic back specialist, then to physical therapy again (specialized in back injury), then my first PM doctor (MRI and more physical therapy) and now the new PM doctor (ESI’s, nerve blocks). I can't even begin to count the number of prescriptions!

    Anyway, when they requested, I signed the release so her insurance could get a copy of my medical records (mistake #1 was trusting them to do the right thing and not getting a lawyer up front).

    They have taken the stance that my injury was due to my "former morbid obesity". They obviously used that to get my ENTIRE medical history and not just as it related to the accident. As I have discussed, I weighed over 400 pounds and had surgery to help me lose weight back in 2000. I have been at 180 (a normal weight for my height) since 2001. I did not have back pain when I weighed over 400 pounds. I did not have back pain until the accident and I had been at a "normal" weight for almost 2 years at the time of the accident.

    Now, my current doctor does tell me that if I had been in better physical shape, if I had not had the previous strain on my bones, joints, etc. that I might not have been so severely injured. A person who had been "normal" all their life might not have suffered the same injury. But, the fact is, I did NOT have the pain until the car accident that SHE CAUSED!

    Anyway, I finally gave up. They never paid for anything. I figure it is a lost cause at this point. I'm just venting... insurance companies are piranhas!

    AV


     
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    Old 09-04-2003, 08:52 AM   #2
    MaryT
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    Hi, A,

    Have you consulted any attorneys? Not sure where you live, but most states in U.S. allow at least 2 years in which to bring a claim. If you haven't done so, please talk to a lawyer. Contact your local bar association for referral to someone who is experienced, reputable and knowledgeable in personal injury/insurance law. It may not be too late. Don't give up yet!

    Best wishes.

     
    Old 09-04-2003, 10:40 AM   #3
    Wes1212
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    Hi 6.023 * 10^23. oops, thats's your number not your name!

    You really should take Mary's advise and get a lawyer on it asap. Your insurance needs to be reimbursed by hers and you recover what is left over and then some.

    I think that even if you had complaints before the accident, you should still recover.

    A lawyer can get the statute of limitations extended beyond the 2 years, if it is 2 years in your state for you to be able to reach the "best possible medical outcome" after the accident.

    Geez, a person doesn't have to be an accident inversigator to realize that a certain number of pounds of pressure on bones (force from a car crash)in a certain direction will cause a certain amount of damage.

    If you were overweight, that doesn't matter, it's your right to weigh what you want. that doesn't give people the right to escape responsibility of their actions.

    I have a huge head and if someone told me that my injury would not be so bad if i had a normal size head, and tried to weasle out of their responsibility because of it, I would start asking for punitive damages! (i dont really have a huge head :P)

    Anyway, don't take responsibility for someone else's blunder!

     
    Old 09-04-2003, 08:36 PM   #4
    SFangel
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    You should consult an attorney specialized in personal injury cases.

    It does not matter you were overweight some years before the accident. The law takes you as you are. According to the law (in California, I do not know about other states) the accident caused your injuries even if you were predisposed to them by having been overweight.

    Insurance companies are sharks. They will do anything to defend the person who injured you, even if this means hurting you and treating you as if you were less than nothing.

     
    Old 09-04-2003, 09:01 PM   #5
    avogadro
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    Thumbs up

    Wes,

    WOW! I'm impressed! You know the meaning behind my UserName! I even had a cat named "avogadro" once... a lot of people ask me what it means but you are the first person to know without asking!



    AV

    P.S. Yes, I'm a chemist....

    [This message has been edited by moderator2 (edited 09-05-2003).]

     
    Old 09-04-2003, 11:21 PM   #6
    Wes1212
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    Oh AV,

    When I mentioned that a lawyer can get the statute of limitations extended, the lawyer must motion the court for an extention before the 2 year period expires.


     
    Old 09-05-2003, 09:20 PM   #7
    jessix
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    Get a lawyer who takes contingency cases. There's NO WAY the insurance company can avoid paying your legitimate claim.

    Didn't you know that many insurers deny ALL first claims because 50% of the people never contest that first refusal?

     
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