Charlie1234
New Member
- Jurisdiction
- Texas
Good afternoon, thanks for reading my post.
My husband was driving in a 2 lane road and was hit by a car driving at a high rate of speed in his lane, to avoid a head on collision my husband swerved the truck and was hit on the passenger back side. The other car ended up in a ditch, the driver got out of his car and ran, he was later found in the area. He admitted to the police officers that he had drank 2 beers but did not blow over the legal limit, so he was not charged with DWI, he was charged with hit and run. My husband did press charges.
There were several witnesses at the scene who spoke to police and we got the information from one of the witnesses. We don't have the police report yet but last time we followed up we were told all officers who responded were in agreement that the the other guy was at fault.
Husband truck is totaled.
I took him to the ER that night and he was only diagnosed with whiplash. He had a bruised and swollen finger but it was not broken. The bill for that ER visit was $20k.
A week later, he continued to have neck and back pain but started to complain of pain to his hands and weakness in grip. He was adviced to come back to ER for MRI for a concern of a neck injury due to his hand weakness. The MRI was normal. We have not received the bill for that visit yet.
We're projecting follow up PCP appointments, physical therapy, possible psychiatry. He has anxiety when he drives now, will avoid driving near the accident (which is hard to do because it's right outside our neighborhood). Also has been thinking about switching to a different career because he is currently a truck driver and now he hates his job. (Has been driving for 10 years in the army and as a civilian). He cried for a week straight after the accident and would have like small panic attacks.
The things I'm concerned about is my husband tested positive for marijuana at the hospital, he had not smoked for 3 days but it was in his system. I don't know how this would impact anything. And also, my husband has degenerative disk disease on his back and neck (we just found out from his CT scans) he does have chronic back pain but had never had neck pain till now.
My questions are, if we make a claim with the insurance company by submitting that $20k bill plus the next bill we have coming in and they give us a check for a reasonable amount and we don't have to go to court for a settlement, are we still subject to subrogation from the health insurance company?
Considering the situation, is it best to hire a lawyer?
I want my husband to get maximum compensation for this, we're not usually the kind to do this at all, weve never been in this situation, but this guy almost killed my husband for acting stupid! This was not an accident, this was intentional, who drives in the oncoming traffic lane at 90mph on a busy Friday night and expect not to hit someone!
My husband was driving in a 2 lane road and was hit by a car driving at a high rate of speed in his lane, to avoid a head on collision my husband swerved the truck and was hit on the passenger back side. The other car ended up in a ditch, the driver got out of his car and ran, he was later found in the area. He admitted to the police officers that he had drank 2 beers but did not blow over the legal limit, so he was not charged with DWI, he was charged with hit and run. My husband did press charges.
There were several witnesses at the scene who spoke to police and we got the information from one of the witnesses. We don't have the police report yet but last time we followed up we were told all officers who responded were in agreement that the the other guy was at fault.
Husband truck is totaled.
I took him to the ER that night and he was only diagnosed with whiplash. He had a bruised and swollen finger but it was not broken. The bill for that ER visit was $20k.
A week later, he continued to have neck and back pain but started to complain of pain to his hands and weakness in grip. He was adviced to come back to ER for MRI for a concern of a neck injury due to his hand weakness. The MRI was normal. We have not received the bill for that visit yet.
We're projecting follow up PCP appointments, physical therapy, possible psychiatry. He has anxiety when he drives now, will avoid driving near the accident (which is hard to do because it's right outside our neighborhood). Also has been thinking about switching to a different career because he is currently a truck driver and now he hates his job. (Has been driving for 10 years in the army and as a civilian). He cried for a week straight after the accident and would have like small panic attacks.
The things I'm concerned about is my husband tested positive for marijuana at the hospital, he had not smoked for 3 days but it was in his system. I don't know how this would impact anything. And also, my husband has degenerative disk disease on his back and neck (we just found out from his CT scans) he does have chronic back pain but had never had neck pain till now.
My questions are, if we make a claim with the insurance company by submitting that $20k bill plus the next bill we have coming in and they give us a check for a reasonable amount and we don't have to go to court for a settlement, are we still subject to subrogation from the health insurance company?
Considering the situation, is it best to hire a lawyer?
I want my husband to get maximum compensation for this, we're not usually the kind to do this at all, weve never been in this situation, but this guy almost killed my husband for acting stupid! This was not an accident, this was intentional, who drives in the oncoming traffic lane at 90mph on a busy Friday night and expect not to hit someone!