Rear-ended by Drunk driver on her cell phone

[Broken0407]

I was rear-ended a year ago by a drunk driver that was talking on her cell phone. She just got out of jail 4 hours before for getting a DWI, ran into to me and got another DWI. My car wasn't totaled but needed repairs. I went to the hospital and have been receiving medical treatment ever since. I was out of work on disability from a little over 4 months and I lost my job. The insurance company wants to settle for an extremely low sum of money because the medical testing results don't show anything that is definitively going to cause life long injuries. I have been receiving medical treatment for a year and see no relief in sight. I'm scared I might have more complications to come because I am still young and have the back of a 70 year old. Any advise?

What is the name of your state? NY

Injury diagnosis was: Lumbar disc injury, Cervical/Lumbar radiculapathy, Cervical/Lumber sprain/strain, right and left shoulder sprain/strain & PTSD....

 

[PILawGirl]

Do you have any prior medical issues with your back at all? Have you been getting medical treatment for a year straight, or do you have any gaps in treatment? What type of medical treatment have you been receiving for a year? Just Chiropractic? Or More? Do you have documentation of your wage loss and documentation that shows you lost your job because of the accident?

 

[Broken0407]

I was in a bus accident when I was 10 years old. I didn't have any injuries that involved medical treatment but I did go to hospital to get checked out.

I have been going to a back injury doctor for a straight year and still going. I have received treatment such as physical therapy, acupuncture, message therapy, and recently a therapist. I do not receive PT or acupuncture anymore because the insurance company wont pay for it. I've seen a useless neurologist who tried to diagnose my wrists (capatunnel) instead of my pinched nerve in my back. I've gotten a MRI and EMG that don't show anything "serious" that would require surgery.

I feel like I've tried everything and I don't know where else to turn to understand why I am still in pain.

I have a termination letter from my job stating they could no longer hold my position open because of "economic hardships". The insurance company did pay my lost wages, but sent me a letter saying they were going to stop. Then I felt forced to start a new job, which I do not think I was physically ready to start.

 

[PILawGirl]

Have you requested the policy limits from the insurance company? If there is a low policy limit there may not be enough money left to pay. They will not pay out more than the limit. If that is the case and you have Underinsured Motorist Coverage (UIM) you might be able to make a claim for that. Unfortunately claims that are considered mostly "soft tissue" with things like acupuncture and massage therapy don't get a whole lot of money. Just FYI, a lot of times the neck problems can be caused by Carpal Tunnel Syndrome so that's probably why they did the Nerve Conduction.

 

[Broken0407]

OOhhhhhh.....That makes sense now. I couldn't figure out why the neurologist kept talking about my wrist. I guess it would have been helpful if she elaborated.

Do you think its worth going to court for? Or would it just create more aggravation?

 

[PILawGirl]

Wellllllll trials are VERY expensive and like I said, if they have a small policy limit it's probably not worth it. I would ask about the policy limit.

 

[Broken0407]

Do you know if there is anyway to put that in my claim? If they don't give me any money and I need more severe medical treatment in the future, if it is proven result of my accident, they/she will pay for it?

 

[PILawGirl]

If she has, for example, a policy limit of 15k, that's all there is, even if your future medical will be 100k. Insurance companies aren't going to pay out more than the policy limits, that's why the limits are set. Unless you have UIM coverage (underinsured motorist). You may be able to use that. BUT, if she has a 15k limit and you have a 15k UIM limit they cancel each other out and no UIM claim can be made.