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My wife was in a crosswalk had right of way during working hours (walking from the courthouse to a meeting) and way hit by a SUV.  Broken ankle and vertbra.  I am keeping notes and going to hire an attorney.  I also now have private investigators in front of my house.  Looking for any suggestions or things to look out for.

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If this was in calif and she was injured while on the company clock,WC takes over and controls doctor appts and all trea... (more)

yaknart33 (Jul. 18, 2017 @ 2:04p) |

OP - just FYI, within this obviously "unlucky" cloud there is, I suppose, a small "lucky" silver lining.  Had your wife ... (more)

fw9999 (Jul. 18, 2017 @ 2:52p) |

nothing to add except pics?

imbatman (Jul. 18, 2017 @ 3:35p) |

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I also now have private investigators in front of my house.Uh, what?!

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ZenNUTS said:   
I also now have private investigators in front of my house.
Uh, what?!

  Hired by driver to confirm injuries?

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OP, did you hire the PI or is the PI from the SUV insurance company?

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seawolf21 said:   
ZenNUTS said:   
I also now have private investigators in front of my house.
Uh, what?!

  Hired by driver to confirm injuries?

 That'd be typical for the insurance of the driver at fault. They hire them to make sure the claimant is not claiming more injury than there really is. OP's insurer doesn't really care how much another company is gonna get charged as long as they themselves won't be on the hook for anything. Since this is likely gonna cost the driver's insurance a ton of money, it's worth the investment for them to hire PI.

For OP, knowing that you have PIs for the opposing insurance company in front of your house, you know what not to show them. Which is wife doing anything that would disprove/discredit the discomfort/injury she is claiming to feel. Avoid her moving much at all even if she could. Even inside the house if in view of a window. If anything, carry the doctor's recommendation to the letter and overdo it on precautions. Then let the testimonies from her doctors and wife do the rest. 

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I don't know who hired the PIs. She works a local government job and workman's comp is involved. I am worried about transporting her to appointments as she can't really use a walker because of the back and can't put weight on her foot.

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chief100psu said:   I am worried about transporting her to appointments as she can't really use a walker because of the back and can't put weight on her foot.
  use special mobility transport services and have the drivers ins pay for it

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chief100psu said:   I am worried about transporting her to appointments as she can't really use a walker because of the back and can't put weight on her foot.Ask the doctor that is treating her how she should be transported to appointments? Maybe she needs to use medical transport. And get a written letter from the insurance company approving the medical transport, if it's necessary.
  

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You (or she) might consider asking her employer if attending these meetings via Skype (or similar technology) is feasible at all.  Two reasons for this - 1) it might lessen the chance of exacerbating her injuries, and 2) if hassled by either the other insurance company or Worker's Comp., you might want to be "on record" as having at least considered a less expensive alternative than medical transport.

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Which insurance company? We are ignoring calls from the driver's insurance company as directed by an attorney. Does it go by driver's insurance, our car insurance, or her health insurance? In my state, even as a pedestrian, our car insurance is involved. It is a recommended follow up with her PCP.

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chief100psu said:   I don't know who hired the PIs. She works a local government job and workman's comp is involved. I am worried about transporting her to appointments as she can't really use a walker because of the back and can't put weight on her foot.
  Ask the PIs to assist?  They're probably following you to the doctor's anyways, so they can help get her into the office too.

Seriously, as other have said, just ask the doctor.  All you need is him stating transportation assistance is needed, and send the bill to the opposing insurance.  I doubt anyone will dispute any actual costs, and they'll save whatever leverage they have for the subjective damages (pain/suffering/lost future earnings/etc).  Of course, your wife might object to the visual of her being loaded into an ambulance in front of your house and all your neighbors, but that's a different matter.

Your biggest problem will be the quibbling between Workers Comp insurance and the driver's insurance, with your bills being stuck in the middle.  When you say Comp is involved, you mean she was walking across the street as part of doing her job, right?

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fw9999 said:   You (or she) might consider asking her employer if attending these meetings via Skype (or similar technology) is feasible at all.  Two reasons for this - 1) it might lessen the chance of exacerbating her injuries, and 2) if hassled by either the other insurance company or Worker's Comp., you might want to be "on record" as having at least considered a less expensive alternative than medical transport.
  I'm pretty sure a doctor cant treat a patient via Skype?  Or I at least hope that these are medical appointments, and with a broken back and ankle she isnt already trying to resume her work schedule...

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chief100psu said:   Which insurance company? We are ignoring calls from the driver's insurance company as directed by an attorney. Does it go by driver's insurance, our car insurance, or her health insurance? In my state, even as a pedestrian, our car insurance is involved. It is a recommended follow up with her PCP.
  Really, this is where you need to listen to your attorney.  Soliciting general advice here is going to result in answers all over the place, and you wont know what's legit and what's off the mark.  If you are questioning your lawyer's instructions, you can post them here and people can confirm that it sounds right, even if maybe not "the best" approach.

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While it's likely the PIs aren't doing anything illegal, I would monitor them with a cheap home camera setup from inside your home. If you do catch them doing anything illegal (such as illegal parking, loitering, public urination/indecency [PIs need to hold their bladder for long periods of time]), you can call the police. Any observations the PIs make which could be harmful to you would be mitigated by their illegal behavior. But, of course, photography or surveillance from a public area is NOT a crime.

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Glitch99 said:   
fw9999 said:   You (or she) might consider asking her employer if attending these meetings via Skype (or similar technology) is feasible at all.  Two reasons for this - 1) it might lessen the chance of exacerbating her injuries, and 2) if hassled by either the other insurance company or Worker's Comp., you might want to be "on record" as having at least considered a less expensive alternative than medical transport.
  I'm pretty sure a doctor cant treat a patient via Skype?  Or I at least hope that these are medical appointments, and with a broken back and ankle she isnt already trying to resume her work schedule...

  No, I read (misread?) the situation as being that she was still going to attempt to go to some WORK-related appointments.  But upon re-reading, that probably was not the intent and does not make a lot of sense.  So - never mind. 

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fw9999 said:   So - never mind. 

https://www.youtube.com/watch?v=V3FnpaWQJO0



Fixed.
  

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fw9999 said:   
Glitch99 said:   
fw9999 said:   You (or she) might consider asking her employer if attending these meetings via Skype (or similar technology) is feasible at all.  Two reasons for this - 1) it might lessen the chance of exacerbating her injuries, and 2) if hassled by either the other insurance company or Worker's Comp., you might want to be "on record" as having at least considered a less expensive alternative than medical transport.
  I'm pretty sure a doctor cant treat a patient via Skype?  Or I at least hope that these are medical appointments, and with a broken back and ankle she isnt already trying to resume her work schedule...

  No, I read (misread?) the situation as being that she was still going to attempt to go to some WORK-related appointments.  But upon re-reading, that probably was not the intent and does not make a lot of sense.  So - never mind. 

  I assumed so.  But it was still kind of funny.  That'd be some crazy dedication to keep work appointments after being run over.

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Nothing to add other than I wish your wife a speedy recovery.

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wilesmt said:   Nothing to add other than I wish your wife a speedy recovery.
I see what you did there

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Intense. At least offer the PIs coffee. Might as well make some new friends. Good luck to your wife and her recovery.

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chief100psu said:    I also now have private investigators in front of my house. 
  How do you know that? Is there a van parked on the street with the sign, ACME PI SERVICE?

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chief100psu said:   My wife was in a crosswalk had right of way during working hours (walking from the courthouse to a meeting) and way hit by a SUV.  Broken ankle and vertbra.  I am keeping notes and going to hire an attorney.  I also now have private investigators in front of my house.  Looking for any suggestions or things to look out for.
  
The private investigators are a good sign--that means the opposing insurance knows it's likely to be a big payout which also means there is a lot of coverage.  Not like the bozo who left 4 feet of skid marks before rear-ending us while we were stopped at a light, bright sun and dry roads.  Their insurance offered up the policy limit.

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can always do this to the PI's car

https://www.youtube.com/watch?v=orH6ZSY0W1o



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phisher4 said:   While it's likely the PIs aren't doing anything illegal, I would monitor them with a cheap home camera setup from inside your home. If you do catch them doing anything illegal (such as illegal parking, loitering, public urination/indecency [PIs need to hold their bladder for long periods of time]), you can call the police. Any observations the PIs make which could be harmful to you would be mitigated by their illegal behavior. But, of course, photography or surveillance from a public area is NOT a crime.
  Have you seen this? No need to pee in public.
https://www.amazon.com/dp/B003IW8IXI/ref=asc_df_B003IW8IXI507976...

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They were parked in front of my mail box and I wanted to have my mail delivered.  The mail lady will not get out of the truck.  So I asked him who he was, its a small neighborhood with limited parking so I know all the car on the street. 

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rufflesinc said:   wilesmt said:   Nothing to add other than I wish your wife a speedy recovery.
I see what you did there


Lol. I thought "I hope she doesn't hit any speed bumps during her recovery" was too obvious.

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It is my wife, but she has a great sense of humor so I have to join in. She is in a lot of pain - and very 'tired'

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LorenPechtel said:   
chief100psu said:   My wife was in a crosswalk had right of way during working hours (walking from the courthouse to a meeting) and way hit by a SUV.  Broken ankle and vertbra.  I am keeping notes and going to hire an attorney.  I also now have private investigators in front of my house.  Looking for any suggestions or things to look out for.
  
The private investigators are a good sign--that means the opposing insurance knows it's likely to be a big payout which also means there is a lot of coverage.  Not like the bozo who left 4 feet of skid marks before rear-ending us while we were stopped at a light, bright sun and dry roads.  Their insurance offered up the policy limit.

  You were expecting an insurance policy to offer more than the policy limit?

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NEDeals said:   
LorenPechtel said:   
chief100psu said:   My wife was in a crosswalk had right of way during working hours (walking from the courthouse to a meeting) and way hit by a SUV.  Broken ankle and vertbra.  I am keeping notes and going to hire an attorney.  I also now have private investigators in front of my house.  Looking for any suggestions or things to look out for.
  
The private investigators are a good sign--that means the opposing insurance knows it's likely to be a big payout which also means there is a lot of coverage.  Not like the bozo who left 4 feet of skid marks before rear-ending us while we were stopped at a light, bright sun and dry roads.  Their insurance offered up the policy limit.

  You were expecting an insurance policy to offer more than the policy limit?

  don't think that's what the person was saying - rather that the coverage on the OP's counterparty is high enough that the insurance company is willing pony up to hire a PI.  Unlike a situation where the insurance company would just offer the policy limit if it was relatively low, and any excess cost would have to be taken up with the insured.

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chief100psu said:   They were parked in front of my mail box and I wanted to have my mail delivered.  The mail lady will not get out of the truck.  So I asked him who he was, its a small neighborhood with limited parking so I know all the car on the street. 
  
An aside and very minor to your wife's health and reimbursement but ... I don't think your mail lady's laziness is legal. Per https://www.nalc.org/news/the-postal-record/2011/october-2011/do... - "Postal regulations require that carriers dismount to deliver to a box that is temporarily blocked." That was written in 2011 but the latest manual I could find (July 2016 - https://www.nalc.org/workplace-issues/resources/manuals/pom/POM-... ) shows the referenced section (632.14) has not changed since 2011 so I presume it's still valid.

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While I'm not pointing fingers, lots don't understand the purpose of indemnity insurance.  Just like life insurance, it's a product paid for that garners a specific return - it's not inconceivable that the cost of the OP's wife's injuries will far exceed the amount of insurance the guilty party's insurance carrier will pay out.  

The OP needs to do some legwork, and investigate the guilty party's net-worth and its liquidity.  There is no reason to not sue first, then wait for the insurance company to settle with their insured - that is - if they've got the money.

 

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Wish your wife a quick recovery! Got to read something new here instead of car rear ended in an accident

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TowHead said:   While I'm not pointing fingers, lots don't understand the purpose of indemnity insurance.  Just like life insurance, it's a product paid for that garners a specific return - it's not inconceivable that the cost of the OP's wife's injuries will far exceed the amount of insurance the guilty party's insurance carrier will pay out.  

The OP needs to do some legwork, and investigate the guilty party's net-worth and its liquidity.  There is no reason to not sue first, then wait for the insurance company to settle with their insured - that is - if they've got the money.

 

  Op is fine, Workers Comp has no limits.  And I believe will be the primary coverage in this case, OP should only have to go after the driver for anything Comp doesnt cover (and Comp will probably go after the driver to recoup what they covered, too).

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chief100psu said:   It is my wife, but she has a great sense of humor so I have to join in. She is in a lot of pain - and very 'tired'
Hopefully your attorney will be able to steer you in the right direction.  

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iLoveTahoe said:   
chief100psu said:   It is my wife, but she has a great sense of humor so I have to join in. She is in a lot of pain - and very 'tired'
Hopefully your attorney will be able to steer you in the right direction.  

  Hold up - put on the brakes.  Slow down and proceed with caution.

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nomenclature said:   
chief100psu said:   They were parked in front of my mail box and I wanted to have my mail delivered.  The mail lady will not get out of the truck.  So I asked him who he was, its a small neighborhood with limited parking so I know all the car on the street. 
  
An aside and very minor to your wife's health and reimbursement but ... I don't think your mail lady's laziness is legal. Per https://www.nalc.org/news/the-postal-record/2011/october-2011/document/officers-1011_Layout-1-13.pdf - "Postal regulations require that carriers dismount to deliver to a box that is temporarily blocked." That was written in 2011 but the latest manual I could find (July 2016 - https://www.nalc.org/workplace-issues/resources/manuals/pom/POM-July-2016.pdf ) shows the referenced section (632.14) has not changed since 2011 so I presume it's still valid.

  
I had this same issue, mainly because of parents parking in front of my house to pick up their kids from the school bus. I went to the post office to complain when 3 packages that were scheduled for delivery one day suddenly changed status on the USPS dashboard to "being returned to the sender" after I watched the carrier drive right past my mailbox because she refused to get out of her truck to deliver them. At the post office, they backed up the carrier, saying that on a non-walking route, the carrier isn't supposed to get out of the truck. I said that I couldn't do anything about the parents parking there every day. It's legal and none of our previous carriers had an issue with doing whatever they had to do to deliver the mail. She was delivering the mail only sporadically because of it, and several neighbors were being impacted by it, whether they realized it or not. After that though, she started delivering on our street a couple of hours earlier, so that solved the problem. Now, we have a new carrier.

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bassmanben said:   
NEDeals said:   
LorenPechtel said:   
chief100psu said:   My wife was in a crosswalk had right of way during working hours (walking from the courthouse to a meeting) and way hit by a SUV.  Broken ankle and vertbra.  I am keeping notes and going to hire an attorney.  I also now have private investigators in front of my house.  Looking for any suggestions or things to look out for.
  
The private investigators are a good sign--that means the opposing insurance knows it's likely to be a big payout which also means there is a lot of coverage.  Not like the bozo who left 4 feet of skid marks before rear-ending us while we were stopped at a light, bright sun and dry roads.  Their insurance offered up the policy limit.

  You were expecting an insurance policy to offer more than the policy limit?

  don't think that's what the person was saying - rather that the coverage on the OP's counterparty is high enough that the insurance company is willing pony up to hire a PI.  Unlike a situation where the insurance company would just offer the policy limit if it was relatively low, and any excess cost would have to be taken up with the insured.

  Exactly.  PIs mean the policy limit is high enough they're spending quite a bit of money on ensuring the claim is valid.

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gwraigty said:   
nomenclature said:   
chief100psu said:   They were parked in front of my mail box and I wanted to have my mail delivered.  The mail lady will not get out of the truck.  So I asked him who he was, its a small neighborhood with limited parking so I know all the car on the street. 
  
An aside and very minor to your wife's health and reimbursement but ... I don't think your mail lady's laziness is legal. Per https://www.nalc.org/news/the-postal-record/2011/october-2011/document/officers-1011_Layout-1-13.pdf - "Postal regulations require that carriers dismount to deliver to a box that is temporarily blocked." That was written in 2011 but the latest manual I could find (July 2016 - https://www.nalc.org/workplace-issues/resources/manuals/pom/POM-July-2016.pdf ) shows the referenced section (632.14) has not changed since 2011 so I presume it's still valid.

  
I had this same issue, mainly because of parents parking in front of my house to pick up their kids from the school bus. I went to the post office to complain when 3 packages that were scheduled for delivery one day suddenly changed status on the USPS dashboard to "being returned to the sender" after I watched the carrier drive right past my mailbox because she refused to get out of her truck to deliver them. At the post office, they backed up the carrier, saying that on a non-walking route, the carrier isn't supposed to get out of the truck. I said that I couldn't do anything about the parents parking there every day. It's legal and none of our previous carriers had an issue with doing whatever they had to do to deliver the mail. She was delivering the mail only sporadically because of it, and several neighbors were being impacted by it, whether they realized it or not. After that though, she started delivering on our street a couple of hours earlier, so that solved the problem. Now, we have a new carrier.

  
Sorry to hear. If it happens again perhaps bring in print outs of the above links when you go into the post office to complain.

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If this was in calif and she was injured while on the company clock,WC takes over and controls doctor appts and all treatment .Plus you will be seeing a industrial dr most likely .His main job is to get you back to work ASAP at any job they have.You cannot persue or collect any personal injury claims against the at fault driver.You cannot get restitution or compensated for pain and suffering on a WC claim in calif because its a "No Fault" WC state. You really need to talk to a workers comp atty ,pay them their fifteen percent and hurry up to wait.You will be receiving treatment by the WC insurers doctors.

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nothing to add except pics?

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