I was walking down the road last week and a car hit me, what should I do? I searched on fw, but did not find anything relevant.
Here are some facts
-I was walking on the crosswalk, the walking light was solid white. -The driver was left turning, his light was also green -It was raining -An ambulance came, I went to the ER. -I had to get an aircast at the hospital, they MADE me pay $250, or I couldn't leave, and I still owe more from the xray and MRI/CAT scan (i forgot which one was done on me) -The doctor prescribed 2 different pain killer and muscle relaxant to help me with the pain. I have bruises all over my body, but no major fractures.
My leg is still sore after a week, and for the past few days my back and neck hurts. I want to go see a chiropractor but I am afraid his insurance company won't pay for my bills, and I do not have money right now either.
I called his insurance company, but they are not very helpful, they need the police report or they wont talk to me, but the report is not out yet.
Some of my friends suggested I find a lawyer and sue him in civil court? What should I do?
UPDATED: Thanks for the replies, I will try to answer as many questions as I can.
This happened in downtown Atlanta Ga. The police said I have to get the file from the central file office, which is like 30 miles away from where the accident happened. They are only open Monday - Friday from 8:30AM until 2pm. I canned, and they won't fax the information to me. Because my right leg hurts, and there is aircast on it, it makes it difficult to drive. When taking the muscle relaxant, it makes me dizzy and I would daze in and out of sleep randomly.
I stayed at the ER for 6 hours to be treated. They said I had to pay the $250 so I can be discharged. My parents came because I didn't even have the money. I don't have health insurance, but do have car insurance, I didn't call them because I don't want an increase in policy due to a claim.
I finished the drug on Sunday, but last night I couldn't sleep due to back pain, which is why I posted this on FW.
The light was solid white, not flashing green.
Which lawyer should I call? The Jacoby & Meyers someone mentioned is based in NY,LA and Miami. Do I just call a random one from the phone book?
If a chiropractor is not good, what should I do about my neck and back pain? I am having trouble falling asleep due to the pain, and I don't think taking painkillers everyday for the rest of my life is a good idea.
Updated:
I called 4 different law firm today. All of which took my information and said they would get back to me. this was around 1PM EST. However none has gotten back to me yet.
The most helpful was the one from New York, the link JimboUS gave (http://www.triallaw1.com/) she said she will try to refer me to a good lawyer down in atlanta. but still no reply from any law firms. the other 3 were local in atlanta.
I am beginning to think that perhaps the case is too small < $50,000 so not many big lawyers want to work on it.
Atlanta Central Records Office is located on 3493 Donald Lee Hollowell Pkwy, N.W. Atlanta, Ga. 30331 which is roughly 30 miles away from where I live.
I called the hospitals around me, and none of them have a general practitioner doctor in the building, and I would have to check in the ER to get treatment. I had no idea doctors are not located inside hospitals. When I use to have health insurance, I would just go to Kaiser Permanente building, and the entire building is full of doctors.
Thanks for the help people have provided. Hopefully some lawyer will get back to me tomorrow... I plan on finding a doctor tomorrow as well...
Another note, for tomorrow, once I find a doctor, do I have to pay for that visit (or can he just bill me), if he/she does additional tests? I don't have health insurance, and do not have additional $500-$1000 sitting around.... I know some places require you to pay for the visit right then and there.... or at least a portion of it.
I went to a primary care physician and they said we had to fill out an insurance form. either the guy that hit me, or my insurance. I said can I just not fill it out, she said in order to receive treatment, I would need to fill it out first....
Now, I didn't want to go through my car insurance, but maybe I should? The lawyer did not get back to me yet so I don't know what to do!! Help!!
look for an attorney, sue on contingency basis(meaning u pay nothing) and negotiate a fair rate... hopefully the driver has insurance and the insurance company will pay you out...
Just a suggestion: If you haven't already done so, document everything that you can. Write down as much about the incident that you can remember, including names of any witnesses or other people involved, what time it was, where you were, how fast he was going, and anything else you can think of. Document any money that you spend or work that you miss or other troubles you have to go through because of the accident. Write down the name of the doctor that treated you at the ER (the lawyer will want to get a narrative from him). Keep any documents that you get from that hospital visit. Do it now before you forget.
A lot of personal injury lawyers have business relationships with chiropractors, so chances are you can start seeing one now with no money out of your pocket. You will probably want to do that soon so you can get a further diagnosis from the chiropractor.
Just a suggestion: If you haven't already done so, document everything that you can. Write down as much about the incident that you can remember, including names of any witnesses or other people involved, what time it was, where you were, how fast he was going, and anything else you can think of. Document any money that you spend or work that you miss or other troubles you have to go through because of the accident. Write down the name of the doctor that treated you at the ER (the lawyer will want to get a narrative from him). Keep any documents that you get from that hospital visit. Do it now before you forget.
A lot of personal injury lawyers have business relationships with chiropractors, so chances are you can start seeing one now with no money out of your pocket. You will probably want to do that soon so you can get a further diagnosis from the chiropractor.
and don't sue them for hundreds of thousands or try to collect your next 5 years' paycheck out of it
Kanosh
Senior Member - 1K
posted: Nov. 18, 2009 @ 5:40a
Is getting hit by a car the same as hitting a jackpot these days? What's the strategy if the guy who hit you has no insurance and no money and a house in foreclosure?
dimatkach
Senior Member
posted: Nov. 18, 2009 @ 6:25a
Kanosh said: Is getting hit by a car the same as hitting a jackpot these days? What's the strategy if the guy who hit you has no insurance and no money and a house in foreclosure? This would be akin to receiving one of those "you won a million bucks" email - looks a lot like a jackpot, but no money in it :-/
mrredskin said: and don't sue them for hundreds of thousands or try to collect your next 5 years' paycheck out of it Hell, yeah, don't even think about settling for less than a million! Seriously, mrredskin is right, as a responsible citizen, you should put the considerations of the respectable insurance company first. They have much better use of money than you would.
I think that if you have your own auto insurance and if you have uninsured motor vehicle coverage, you are covered under your own insurance. To make sure you don't have any immediate out of pocket expenses, contact your insurance company and file a claim under your uninsured coverage. Tell them the other insurance company has refused to pay. Let the insurance companies battle out who is liable.
Also, I am suspicious about the hospital not letting you leave without paying. What did they do, chain you to a water pipe or something? If I were you, I would refuse to pay. Let the bills pile up and make the insurance companies deal with it. Alternatively, if you have health insurance, you could probably file a claim under your health insurance and again, let the insurance companies battle it out.
mewannaxbox said: Take pics of your injuries before they begin tp heal.
And take more pics of the injuries as they are healing. Typically bruising looks much worse a few days after the fact due to the absorption of iron from the hemoglobin in damaged red blood cells.
I would just watch Jerry Springer or some other garbage TV show on at noon. There's always a dozen local lawyer commercials for people who got hit by cars.
Xnarg
Senior Member - 5K
posted: Nov. 18, 2009 @ 7:03a
wd said: I think that if you have your own auto insurance and if you have uninsured motor vehicle coverage, you are covered under your own insurance. To make sure you don't have any immediate out of pocket expenses, contact your insurance company and file a claim under your uninsured coverage. Tell them the other insurance company has refused to pay. Let the insurance companies battle out who is liable....Does a pedestrian's auto insurance company get involved with a claim that has nothing to do with his auto?
ppatin
Focused.
posted: Nov. 18, 2009 @ 7:03a
IGotHitByACar said: I want to go see a chiropractor but I am afraid his insurance company won't pay for my bills, and I do not have money right now either.
Chiropractor are quacks, don't waste your time or money.
ppatin said: IGotHitByACar said: I want to go see a chiropractor but I am afraid his insurance company won't pay for my bills, and I do not have money right now either.
Chiropractor are quacks, don't waste your time or money.
The chiropractor is going to be the expert quack testifying in court to get your pain and suffering money.
Nonaii
Senior Member
posted: Nov. 18, 2009 @ 7:13a
IGotHitByACar said: Hello all,
I was walking down the road last week and a car hit me, what should I do? I searched on fw, but did not find anything relevant.
Here are some facts
-I was walking on the crosswalk, the walking light was flashing green. -The driver was left turning, his light was also green -It was raining -An ambulance came, I went to the ER. -I had to get an aircast at the hospital, they MADE me pay $250, or I couldn't leave, and I still owe more from the xray and MRI/CAT scan (i forgot which one was done on me) -The doctor prescribed 2 different pain killer and muscle relaxant to help me with the pain. I have bruises all over my body, but no major fractures.
My leg is still sore after a week, and for the past few days my back and neck hurts. I want to go see a chiropractor but I am afraid his insurance company won't pay for my bills, and I do not have money right now either.
I called his insurance company, but they are not very helpful, they need the police report or they wont talk to me, but the report is not out yet.
Some of my friends suggested I find a lawyer and sue him in civil court? What should I do?
Where I've lived in the United States:
* walking lights are steady white, and flashing orange. never green.
* that's some beyond the pale reckless driving to hit a pedestrian while making a LEFT hand turn. were they also on a cell phone? did their brakes give out? were they drunk? were they under 21? were you just stepping out into the crosswalk in the opposite direction? since it was raining, do you think were they intending to hit you (it happens) or scare you by making a big splash, drenching you (it happens) -- and they lost control?
* i've never been to any hospital which made people pay on the spot in the United States. i've been to a women's hospital (Lovelace) which made me sign forms for not having insurance, and was told that if I paid $250 at the time of service I would get like 60% discount off of the services I had just received (I'll have to look up the paperwork)....... but no one forced me to pay the $250. If I didn't pay the $250, I was not going to be restrained until I did. I would just receive bills without the discount. Since I had no insurance, I was given information and paperwork about 'charity' and who to contact at the hospital regarding making payment arrangements. If I paid the whole amount within 30 days, I would also get a 'huge' discount. Of course, this particular women's hospital didn't send me the three bills until near the end of the 30 days, but they still didn't care.
I say all this because hospitals don't generate bills immediately. You yourself say you dont know how much you owe for xrays and other scans. Then there's the doctors' separate bill on top... you'd get about 3 different bills (ambulance, hospital, doctor) a couple weeks after the fact. Would make no sense to force you to pay what's essentially a bribe ... unless this happened outside of the united states.
* what is the name of the hospital? so we can look it up. again, that's not right that you were forced to pay $250 or you would not be allowed to leave. why would they make you stay? where would they put you up? who would pay for your room and board and would it be added to your hospital bill?
* the only time I've heard of being forced to stay is if a mental condition was involved and you're forced to stay for observation for up to 3 days...... and even then, if the docs think you can make it on your own, you're out of there of your own free will. has nothing to do with ability to pay, only potential to hurt yourself and/or others.
* an aircast is just a cast that isn't plaster. why did you think you didn't need one?
* why did this turn into a big production in the first place? were you able to walk away, shrug off the incident (seen it happen with an elderly lady who got a bloodied hand)? were you forced to remain where you were? were you unconcious? or were you wanting justice against the driver... and things were a little more complex than 'stay here, be aided, collect info, get paid later'?
I don't believe your story. But that doesn't mean it isn't true.
Advice: Get an attorney, if it is true. There are several things that aren't right, starting and ending with the forced payment in the hospital.
If it isn't true (and I don't think it is), ya got me. Here's a pat on the head.
dimatkach said: Kanosh said: Is getting hit by a car the same as hitting a jackpot these days? What's the strategy if the guy who hit you has no insurance and no money and a house in foreclosure? This would be akin to receiving one of those "you won a million bucks" email - looks a lot like a jackpot, but no money in it :-/
mrredskin said: and don't sue them for hundreds of thousands or try to collect your next 5 years' paycheck out of it Hell, yeah, don't even think about settling for less than a million! Seriously, mrredskin is right, as a responsible citizen, you should put the considerations of the respectable insurance company first. They have much better use of money than you would.
i'm talking about the individual, dummy. not the insurance provider.
steeringwheel
Senior Member
posted: Nov. 18, 2009 @ 7:22a
No shortage of troll / non-finance posts.
massfiasco
Senior Member
posted: Nov. 18, 2009 @ 7:23a
If you get a lawyer, there are a few things you should know. First of all, in the case of a settlement, the driver's insurance company will make an offer based on the amount of your medical bills. Meaning, if you don't get treatment, you don't get money. Do not sit there with back and neck pain and neglect to get it treated, because this lowers your medical bills. You should get everything treated, until you feel like you did before the accident.
Take pictures, absolutely. Do not speak to the driver's insurance company, your lawyer should speak to them instead of you. Sometimes they will send you something to sign, that is actually a waiver of your right to sue. They can be clever in how they approach you to sign it. They may offer you some cash to sign it, and again, you should not do this unless you are directed to by your attorney.
Many attorneys will do this on a contingency basis, but you will still need to pay out of pocket for your medical bills (or through your insurance).
IANAL, but I play a lawyer's wife on TV.
~fiasco
Nonaii
Senior Member
posted: Nov. 18, 2009 @ 7:25a
IGotHitByACar said: My leg is still sore after a week,... I called his insurance company, but they are not very helpful, they need the police report or they wont talk to me, but the report is not out yet.
Also: it's been a week, and there's no police report?
I got a police report number once on the spot for contacting non-emergency regarding some vandalism on my car. The one time I wasn't able to get an actual police report was when one was not filed. I will not get into the details on that one, but I went down to the police station myself and filed the report through the sargeant on duty, and received a police report number right then.
Those two times may have been anomolies. I don't have a lot of experience with police reports and the cops.
However, nothing is preventing you from calling the cops yourself and filing that report yourself. Who told you that the report was not ready, after a week? Do you have the police report number? Can you go down to the station and make sure one is filed?
And what does the insurance company mean by the need the police report? They need the report number? or they need you personally to fax the actual report to them because the driver didn't do it?
Something is seriously wrong with this story.
Has anyone else here had this type of experience with police reports and accidents (I don't see why it wouldn't happen, because things get screwed up all the time; I just don't see it not happening in this instance)?
The police report is already in the system. The insurance company has to order it. They are not going to speed anything up to pay you anything. You have to provide them with the report # and document that you did. Or unless the driver has promptly gave that to them already.
refidnasb
Member
posted: Nov. 18, 2009 @ 8:07a
Get a lawyer now! They can help with the medical bill red tape, contacting the insurance and a referral to a doctor.
They keep 1/3, the doctors keep 1/3, you get 1/3 for pain and suffering. Should be able to max out their insurance policy limits. Whatever that is.
refidnasb
Member
posted: Nov. 18, 2009 @ 8:08a
Nonaii said: IGotHitByACar said: My leg is still sore after a week,... I called his insurance company, but they are not very helpful, they need the police report or they wont talk to me, but the report is not out yet.
Also: it's been a week, and there's no police report?
In some cities like Dallas Texas, it takes 10 working days, basically 2 weeks to get an accident report.
Do not speak to the insurance company of the guy that hit you again. Get a lawyer and let them handle it.
WalStMonky
Happy Member
posted: Nov. 18, 2009 @ 8:40a
ppatin said: IGotHitByACar said: I want to go see a chiropractor but I am afraid his insurance company won't pay for my bills, and I do not have money right now either.
Chiropractor are quacks, don't waste your time or money.
My chiropractor is an essential part of my well being due to a car accident in 1993. If he's a quack, why does he make my spine feel right? If he's a quack, why the heck does BCBS pay his fees? Perhaps you went to see a quack, and that's how you got this idea in your head.
refidnasb said: Nonaii said: IGotHitByACar said: My leg is still sore after a week,... I called his insurance company, but they are not very helpful, they need the police report or they wont talk to me, but the report is not out yet.
Also: it's been a week, and there's no police report?
In some cities like Dallas Texas, it takes 10 working days, basically 2 weeks to get an accident report.
OP needs to get a lawyer.
Sometimes police will even refuse to write one up. It happened to me in Cali, the officer basically said it was not worth his time.
WalStMonky said: ppatin said: IGotHitByACar said: I want to go see a chiropractor but I am afraid his insurance company won't pay for my bills, and I do not have money right now either.
Chiropractor are quacks, don't waste your time or money.
My chiropractor is an essential part of my well being due to a car accident in 1993. If he's a quack, why does he make my spine feel right? If he's a quack, why the heck does BCBS pay his fees? Perhaps you went to see a quack, and that's how you got this idea in your head.
Unfortunately, a few chiropractors have given the profession a bad name soly becuase of their willingness to testify in court to patients injuries. (real or otherwise)
mrredskin said: and don't sue them for hundreds of thousands or try to collect your next 5 years' paycheck out of it
Why all the red here? Don't any of you find peoples willingness to sue for exhorbitant amounts of many in accident cases when very little harm was done. I was in a a car crash and once the vultures ( lawyers) learned of my insurance amounts they immediately were willing to take my case on contigency, mind you I had no injuries. One even suggested I see his chiropractor "just to make sure (wink,wink)"
I fired him and asked the insurance comapny just to pay for my car. They were shocked that was all I wanted, I guess decensy is rare these days.
mewannaxbox said: mrredskin said: and don't sue them for hundreds of thousands or try to collect your next 5 years' paycheck out of it
Why all the red here? Don't any of you find peoples willingness to sue for exhorbitant amounts of many in accident cases when very little harm was done. I was in a a car crash and once the vultures ( lawyers) learned of my insurance amounts they immediately were willing to take my case on contigency, mind you I had no injuries. One even suggested I see his chiropractor "just to make sure (wink,wink)"
I fired him and asked the insurance comapny just to pay for my car. They were shocked that was all I wanted, I guess decensy is rare these days.
And what do you do if you just get your car fixed and then you get reoccuring back pains?
angelalds
Thrifty Member
posted: Nov. 18, 2009 @ 9:52a
Not typically. I've got a friend dealing with an auto pedestrian accident from a year ago. She was the ped and her insurance company said they weren't at all part of the situation.
Don't put any Chinese balm on your wounds. Nobody knows what a balm can do. They are unpredictable.
IGotHitByACar
New Member
posted: Nov. 18, 2009 @ 11:22a
Thanks for the replies, I will try to answer as many questions as I can.
This happened in downtown Atlanta Ga. The police said I have to get the file from the central file office, which is like 30 miles away from where the accident happened. They are only open Monday - Friday from 8:30AM until 2pm. I canned, and they won't fax the information to me. Because my right leg hurts, and there is aircast on it, it makes it difficult to drive. When taking the muscle relaxant, it makes me dizzy and I would daze in and out of sleep randomly.
I stayed at the ER for 6 hours to be treated. They said I had to pay the $250 so I can be discharged. My parents came because I didn't even have the money. I don't have health insurance, but do have car insurance, I didn't call them because I don't want an increase in policy due to a claim.
I finished the drug on Sunday, but last night I couldn't sleep due to back pain, which is why I posted this on FW.
The light was solid white, not flashing green.
Which lawyer should I call? The Jacoby & Meyers someone mentioned is based in NY,LA and Miami. Do I just call a random one from the phone book?
If a chiropractor is not good, what should I do about my neck and back pain? I am having trouble falling asleep due to the pain, and I don't think taking painkillers everyday for the rest of my life is a good idea.
Why not get hit by another car (harder this time) to make the neck and back pain go away forever?
Skipping 93 Messages...
biomedeng
Senior Member
posted: Nov. 21, 2009 @ 6:36p
tolamapS said: Let me break this down for you. Person A is in friend F's car M. Another car, X, driven by person Y, hits car M. Person A is injured.
Which insurance do you think is going to pay for the injury?
a. Person Y's car insurance, b. The car insurance of the owner of car M (which is person Z), c. Person F's car insurance, d. Car M's owners car insurance, e. Person A's car insurance, f. Person A's health insurance.
Now - you answer me the order in which insurance companies are liable to cover for this. Also, don't forget to mention how the no-fault states figure in.
IMO - and this is only an opinion - option (f) is FAR down the list, if not the last one. IMO, also, f is not liable to pay for that injury at all, although (f) may actually pay. You took my example (in which I am the only one in the car and 100% at fault) and twisted it into an example where I have an accident that injures my non-family passenger. Obviously adding another person complicates things with how it is all settled in the end. I also agree with you that my car insurance might pay for my passengers medical bills (or more likely reimburse my passengers health insurance company for bills they paid). However, if we flip the roles, I am the passenger and my friend is driving, I will be able to use my health insurance to pay my immediate bills as well as get me access to care. Eventually my insurance can get reimbursed from my friends car insurance, but this takes time and the medical bills do not wait patiently. My health insurance must pay the claims, as car accident injuries are not excluded in my plan (and are not excluded in most health insurance plans contrary to what everyone is posting here). In the US if you cannot provide immediate payment or do not have medical insurance your access to health care outside of the ER is severely limited. OP wants to go to a doctor but how is she going to pay? No doctor wants to wait 1 year for her lawsuit to be completed. It does not matter that someone else's car insurance is supposed to pay. How do you explain that to the hospital intake person or medical office receptionist when they say "insurance card please"? Are you going to give them the police accident report? Probably what they will tell you when you don't have insurance is "Mastercard or Visa?" and expect to pay a higher rate than what the rest of us with insurance pay through our "contracted" rates. A resonable doctor expects that you pay at the time of service or that you have health insurance that they can direct bill. I think within 30 days OP will be back here asking how is she supposed to pay for the bill from her ER visit while the other guys insurance is still investigating her claim. After 60 or 90 days the hospital will turn the bill over to collections who will ding her credit. The hospital/collection company does not care that she is in the middle of a settlement negotiation or lawsuit.
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