Any Lawyers out there willing to help me with a little advice?

[wishinpink]

Are there any really kind lawyers out there that could possibly give me their quick opinion? I have no idea what to do! =(



I was visiting my boyfriend in NY and we were walking to his apartment from the subway on the crosswalk, when we were both hit by a minivan. The person driving the minivan hit and run.

We called the cops and ambulance and went to the hospital.

At the hospital I was given a CT scan- I had hit my head, luckily I was fine. I had a huge scrape and bruise on my right elbow and was sore all over and shaking.

My boyfriend was given morphine because they originally thought he fractured his leg, but it turned out he had a hematoma in his leg. He also lost an old chip on his tooth and swallowed it, and his glasses were ruined.

We were pretty much sleeping for the next 3 days aching all over and feeling traumatized and sore.

Since I''ve gotten back, I''ve gone to physical therapy and massage therapy and still have muscle aches and pains, but I have recovered from most other things. I''m still a bit traumatized by cars and can remember getting hit...

I am covered under my auto insurance for the uninsured motorist bodily injury claim. A representative from my insurance company contacted me and wants me to come up with a numerical amount for which to settle for.

I have no idea how much to ask for that is fair.... I am a student and I did research but can''t find much, and I don''t really have money/ experience to figure out what to do...

Does anyone have any advice? I don''t have much to offer but my gratitude, but any opinions on this would be much appreciated!

 

[movie zombie]

not a lawyer but have been in your situation but not nearly as hurt: take your time. you make think you''re ok now and that''s why they want to settle quickly. also, you say you''re a student. even if you weren''t i''d advise you to make sure any paperwork you sign has an agreement includes that they are on the hook to take care of your medical bills related to ongoing issues with injuries related to the accident for life. my attorney made sure that was written in to my agreement.

it can take a lot of time for injuries to reveal themselves and it can take a lot of time for those injuries to heal.

movie zombie

 

[Gypsy]

Not a personal injury lawyer and I''m not giving legal advice. But I''ve been in accidents too.

To add to MZ''s post make sure the term ''medical expenses'' includes: Mental health for dealing with issues from the accident (I got into a bad one and had a phobia of driving for a while and had to get some therapy), and reasonable out of pocket re-imbursement for things like physical and massage therapy. With the right to use your OWN doctors, not theirs.

 

[jewelerman]

Date: 1/9/2009 5:03:15 AM
Author:rosebud10
Are there any really kind lawyers out there that could possibly give me their quick opinion? I have no idea what to do! =(



I was visiting my boyfriend in NY and we were walking to his apartment from the subway on the crosswalk, when we were both hit by a minivan. The person driving the minivan hit and run.

We called the cops and ambulance and went to the hospital.

At the hospital I was given a CT scan- I had hit my head, luckily I was fine. I had a huge scrape and bruise on my right elbow and was sore all over and shaking.

My boyfriend was given morphine because they originally thought he fractured his leg, but it turned out he had a hematoma in his leg. He also lost an old chip on his tooth and swallowed it, and his glasses were ruined.

We were pretty much sleeping for the next 3 days aching all over and feeling traumatized and sore.

Since I''ve gotten back, I''ve gone to physical therapy and massage therapy and still have muscle aches and pains, but I have recovered from most other things. I''m still a bit traumatized by cars and can remember getting hit...

I am covered under my auto insurance for the uninsured motorist bodily injury claim. A representative from my insurance company contacted me and wants me to come up with a numerical amount for which to settle for.

I have no idea how much to ask for that is fair.... I am a student and I did research but can''t find much, and I don''t really have money/ experience to figure out what to do...

Does anyone have any advice? I don''t have much to offer but my gratitude, but any opinions on this would be much appreciated!

Get professional legal advice.Dont talk to the insurance company before getting the help you need and dont forget that the figure should include future care as well.

 

[strmrdr]

This is not legal advise as im not a lawyer.

before coming up with a number you have to check the fine print.
Many uninsured motorist polices will not let you collect pain and suffering only actual loses.
So that is the first step, finding out what is covered, then figure out your actual loses and figure out what future care may be needed then figure out a number.

Forgot to mention you want to pay the lawyer on an hourly basis and your insurance company will cover it. If you ask them they may pay him/her directly rather than reimbursing you so ask first.
Do not agree to a percentage in this case.

 

[wishinpink]

Thank you all so much for your help and advice! I appreciate all your advice A LOT, and don''t mind that none of you are lawyers . All your advice has already got me started thinking on some things i never considered before!!!

 

[diamondseeker2006]

I have no advice, but I just wanted to say how very sorry I am about the accident, and I am so thankful to hear that you are okay!!!!

 

[Steel]

Rosebud, I am very sorry about this I hope you both will recover fully - especially your BF

.

Jewellerman is correct first and foremost: The man who represents himself has a fool for a Client.

Your insurance company is NOT your friend. Until you get representation, make sure all your correspondence to your ins. co. is marked ''without prejudice''.

Movie Zombie is SO right. You may be fine NOW and BF will recover soon, but you both have no idea how this will impact on your life in 10 years.

For example I was knocked off my motorcycle by an idiot in a car and settled within 1 year for 5k ish. I had pain/swelling still in one leg and foot but was told by my (crap) doctor that it would fade, the insurance co. doctor (also crap and possibly a liar) said the same. 10 years later I cannot wear high heels and the swelling never fully went down, so in most shoes one foot is a size bigger (never was before the accident

). As I did not reference ongoing medical - I get nada for that.

So here is my own advice:

*Keep a list of all of your expenses NOW (or I promise you you will forget and lose the recipts): Taxis, physio, replacement for your ruined clothes, Bf''s replacement glasses (get a full eye check too to be sure nothing impacted his eyes), doctors bills etc.
*Make sure you attend all possible appointments for physio & doctors. You WILL get these fees back if you keep a record and it will help you to know how your recovery is progressing.
*Both you and BF should TALK to your G.P. about how this is impacting you ideally every 2 weeks and make sure he/she notes it on your records. This will REALLY help your claim as it is an independent record of how you are doing recovery and mentally wise. This is very important as the longer the claim takes the quicker you and BF will forget the pain and inconvenience (good for you - bad for your claim).

All of this really turns into hard cash at the end of the day.

Good luck

.

 

[wishinpink]

My insurance is Progressive and this is what the person said-

"The release you would sign is a Full & Final Settlement of all Claims &
Demands. Upon signing the release you release your father (he pays my insurance) from
any further liability in relation to your injuries. This release is simply
to address the inconvenience portion of the claim. Your medical bills will
continue to be paid through your Personal Injury Protection."

I''m not too sure what it means but it sounds like they will keep paying my medical bills (at least for the next 2 years)? Anything else I should watch out for?

 

[Steel]

Date: 1/9/2009 4:15:48 PM
Author: rosebud10
My insurance is Progressive and this is what the person said-

''The release you would sign is a Full & Final Settlement of all Claims &
Demands. Upon signing the release you relese your father (he pays my insurance) from
any further liability in relation to your injuries. This release is simply
to address the inconvenience portion of the claim. Your medical bills will
continue to be paid through your Personal Injury Protection.''

I''m not too sure what it means but it sounds like they will keep paying my medical bills (at least for the next 2 years)? Anything else I should watch out for?

Re: Full and Final is what it says on the tin. Full & Final. That means you are closing your claim and opting out of future claims. The book will be closed.

Re: I wonder if this is a psychological ploy. You are not so much releasing your father as the insurance company. You are not claiming against your dad, just his policy.

Re: Isn''t this a contradiction in terms to this? What is ''inconvenience''? Sounds like crap to me unless you are claiming from two policies one so called inconvenience policy one PIP policy. You need proper advice here, I smell fish...very fishy indeed.

 

[panda08]

Rosebud, I''m so sorry to hear about what happened!

Date: 1/9/2009 2:39:58 PM
Author: Steel
Rosebud, I am very sorry about this I hope you both will recover fully - especially your BF

.

Jewellerman is correct first and foremost: The man who represents himself has a fool for a Client.

Your insurance company is NOT your friend. Until you get representation, make sure all your correspondence to your ins. co. is marked ''without prejudice''.

Movie Zombie is SO right. You may be fine NOW and BF will recover soon, but you both have no idea how this will impact on your life in 10 years.

For example I was knocked off my motorcycle by an idiot in a car and settled within 1 year for 5k ish. I had pain/swelling still in one leg and foot but was told by my (crap) doctor that it would fade, the insurance co. doctor (also crap and possibly a liar) said the same. 10 years later I cannot wear high heels and the swelling never fully went down, so in most shoes one foot is a size bigger (never was before the accident

). As I did not reference ongoing medical - I get nada for that.

So here is my own advice:

*Keep a list of all of your expenses NOW (or I promise you you will forget and lose the recipts): Taxis, physio, replacement for your ruined clothes, Bf''s replacement glasses (get a full eye check too to be sure nothing impacted his eyes), doctors bills etc.
*Make sure you attend all possible appointments for physio & doctors. You WILL get these fees back if you keep a record and it will help you to know how your recovery is progressing.
*Both you and BF should TALK to your G.P. about how this is impacting you ideally every 2 weeks and make sure he/she notes it on your records. This will REALLY help your claim as it is an independent record of how you are doing recovery and mentally wise. This is very important as the longer the claim takes the quicker you and BF will forget the pain and inconvenience (good for you - bad for your claim).

All of this really turns into hard cash at the end of the day.

Good luck

.

Ditto!!! I don''t know if Steel''s a lawyer but as a lawyer myself, that is good advice! Tell your insurance co. you want to consult with a lawyer first. Ask friends/relatives for a referral. If they can''t give you one, call your state bar association. Interview a few. If you can''t afford a lawyer on an hourly rate (which can range from $150 to $300+, depending on the lawyer''s credentials and experience and the hours can add up FAST), consider hiring one on a contingency. Contingency agreements tend to ask for a significant cut, typically around 30% of the total recovery, 40% if your case goes to trial, but as with everything, you can negotiate what the cut is. Read and understand any contingency agreement before signing it!

Just to give you a ballpark idea, personal injury damages comprise of two things: specials (loss wages, medical expenses and the like) and pain and suffering. Pain and suffering awards can vary from 2x the medicals to 5x or more, depending on how severe the injury was.

Good luck! I hope you and your boyfriend feel better soon!

 

[Kaleigh]

Date: 1/9/2009 2:14:09 PM
Author: diamondseeker2006
I have no advice, but I just wanted to say how very sorry I am about the accident, and I am so thankful to hear that you are okay!!!!

Ditto.

 

[panda08]

Sorry, I was writing my response when you posted the next part.

Date: 1/9/2009 4:28:30 PM
Author: Steel

Date: 1/9/2009 4:15:48 PM
Author: rosebud10
My insurance is Progressive and this is what the person said-

''The release you would sign is a Full & Final Settlement of all Claims &
Demands. Upon signing the release you relese your father (he pays my insurance) from
any further liability in relation to your injuries. This release is simply
to address the inconvenience portion of the claim. Your medical bills will
continue to be paid through your Personal Injury Protection.''

I''m not too sure what it means but it sounds like they will keep paying my medical bills (at least for the next 2 years)? Anything else I should watch out for?

Re: Full and Final is what it says on the tin. Full & Final. That means you are closing your claim and opting out of future claims. The book will be closed.

Re: I wonder if this is a psychological ploy. You are not so much releasing your father as the insurance company. You are not claiming against your dad, just his policy.

Re: Isn''t this a contradiction in terms to this? What is ''inconvenience''? Sounds like crap to me unless you are claiming from two policies one so called inconvenience policy one PIP policy. You need proper advice here, I smell fish...very fishy indeed.

Steel is correct about the full and final. That means any and all claims related to this accident; so even if you find out two years from now that you have brain clot that resulted from this accident, you can''t sue Progressive to cover that injury.

Ditto on the part about releasing your father.

As for the last statement, I''ve never heard of a release to address the "inconvenience" portion of the claim. Are they referring to pain and suffering damages? If so, I wouldn''t settle that portion until all of your medical problems have resolved and you have a doctor you trust telling you that with relative certainty.

 

[Delster]

Good advice all round here.

Just wanted to add something about the ''without prejudice'' recommendation - I don''t know for sure if it''s the same in NY, but over here if you mark a document ''without prejudice'' then you cannot use that document in court. So if there is anything in the document that you might later want to rely on, you may not want to put that on there. Similarly, if you don''t want a document to be available to them to put before a court, then you do need to put ''without prejudice'' on it. Someone correct me if I''m wrong about that, and it has a different meaning in NY.

And most importantly, I''m so sorry to hear about the accident, and disgusted at that driver for fleeing the scene. I hope you heal quickly and are back to normal soon. Take care.

 

[packrat]

I''m confused about the releasing your father part..who''s name is on the policy? If the policy belongs to you, and it''s your name on it, but dad just pays the premiums, why does he need to be released from anything? Does that mean they don''t want him to pay the premiums anymore? Or is it dad''s policy and you still are a member of the household?

I very much agree about waiting-my mom was in an accident when I was in 6th grade and still has problems from it-and I''m 34 now.

 

[Allison D.]

My advice to you is to consult with a lawyer.

Opinions from all of us are fine, but they aren''t legal advice. Most often, they also uninformed as most may not be familiar the legal requirements in the state you''re in.

I do agree that it''s possible for the effects of injuries to be delayed in presenting themselves, so a skilled lawyer can help you navigate the waters now without closing what might be very important doors going forward.

 

[arjunajane]

Date: 1/9/2009 7:25:45 PM
Author: Allison D.
My advice to you is to consult with a lawyer.

Opinions from all of us are fine, but they aren''t legal advice. Most often, they also uninformed as most may not be familiar the legal requirements in the state you''re in.

I do agree that it''s possible for the effects of injuries to be delayed in presenting themselves, so a skilled lawyer can help you navigate the waters now without closing what might be very important doors going forward.

Yep, doing your research and being out-of-pocket for the lawyer at this stage, will equal a better outcome for you in the long run.

Similiar story to others, but my mum and my lil sis were in a mega accident a number of yrs ago.
Many years later, my mum still had to have therapy for it.
And my lil sis has ongoing back/neck problems and developed chronic fatigue. All of these things didn''t present until at least 1-2yrs after the accident - perhaps once the shock has finally worn off?

I am so sorry to hear about this shoddy event, but also glad to hear you both weren''t hurt worse

Also, don''t let the Ins Co pressure you into settling fast if you need more time.

Good luck!

 

[wishinpink]

Hmm, thanks for all the advice!!

How long of time do I have to choose not to settle?

 

[movie zombie]

please ask an attorney this question! it could vary by state. don''t take anyone''s word but an attorney on this one!

movie zombie

 

[radiantquest]

sorry about the accident. i cant believe they drove off. werent there any witnesses? guess not. it seems that getting a lawyer is the best advice. good luck getting all your answers.