Another of life's lessons: Learned the hard way

[Duffman]

I'm posting this information since many of you are looking for a hot tub to help with back trouble. If it was due to an car accident or other situation where you would have to make a personal injury insurance claim, this might be of interest.

Well, I hate to say it, but I feel like my insurance company just bent me over and… well… you get the idea.

A couple years ago I was in a car accident and have been seeing an osteopath, massage therapists, and spent a large amount of time and money on various health solutions for my back, including the hot tub I hope to get in a few weeks. The instructions I received when I made my claim were to keep track of all my bills and when I was better, they would work with me to settle my claim. Simple huh?

The problem is that many states have a restrictive personal injury law that requires the claim be settled within two years. Some states have more (Maine's statute is 6 years). That means if you get injured and it takes more than that time to get better, you’re completely out of luck. Insurance companies make no effort to inform anyone of this.

Had I immediately gone to a lawyer I certainly would have known about this. Also, if a lawyer had taken the case they could have filed for an extension to the two year restriction while I was still undergoing therapy. In any case, I spoke with an attorney who conformed that I was indeed “screwed.”   :-/

At least my own policy paid for the doctor’s visits under Virginia’s anti-subrogation statute." This means the automobile insurance companies are denied "subrogation rights" associated with your claim.  It allows you to use your medically pay coverage to pay your medical bills, or collect on your medical invoices, and still pursue your personal injury claim against the defendant’s insurance company.

Here’s the advice I received and the lesson learned. If you get in an auto accident and are injured…

• Make absolutely sure all parties remain at the scene of the accident until a Police officer arrives and can make a report. This is required by many lawyers for a case to be considered strong enough to pursue; especially if the other driver is charged in any way.
• Absolutely consult an attorney. If you rely on the “friendly” insurance adjusters, you are completely at their mercy when they make a settlement offer.
  
• Remember that the settlement notice or lawsuit must be filed within the statute of limitations. Do not wait until it has nearly expired to begin the process.
  

Looking back it seems idiotic that I did not consult an attorney. My insurance company had always taken care of me in the past. I shouldn’t have given them the benefit of the doubt this time.

Take care everyone.
Duffman

[Backpains]

I agree totally with your situation. I got in a car accident (the other drivers fault) 11 years ago...I was informed to get a attorney from the get go. We finally went to court on it a year later and a jury of our peers determined that it was both our faults!! I didn't get squat and neither did he..but the kicker was....he sued me a couple of weeks later for the damage to his 68 Mustang....of course my attorney was immiediately notified and took care of it for me. But...it's stressful enough to deal with the insurance and your injuries throw in the other party and it gets very bad!

To top it all off.....I get a settlement from my insurance after 2 years of pain and bull.....and I have to sign it over to my damed attorney for court costs and filing fees...How about them apples! Like kicking a person when they are down huh?

[Anoroc]

I just had an accident while wet testing a hot tub.  the mat was a vynal or glossy material so when i stepped on it I fell back and slammed the door jam before coming to a stop.

I have been to the chiro several times and my doctor gave me some pain and muscle relaxers.  I also missed three days from work and an MBA final.

The spa dealer has asked that all bills be sent to them so that they can pay it.  It makes it hard to file a claim for discomfort when dealing directly with the spa folks.  I just composed a letter putting them on notice of my injury and asking that they forward it to their insurance company.  

Any advice.

[SerjicalStrike]

I just had an accident while wet testing a hot tub.  the mat was a vynal or glossy material so when i stepped on it I fell back and slammed the door jam before coming to a stop.

I have been to the chiro several times and my doctor gave me some pain and muscle relaxers.  I also missed three days from work and an MBA final.

The spa dealer has asked that all bills be sent to them so that they can pay it.  It makes it hard to file a claim for discomfort when dealing directly with the spa folks.  I just composed a letter putting them on notice of my injury and asking that they forward it to their insurance company.  

Any advice.

If the spa company is paying for your bills because of an "accident," then everything seems fine.  The less lawyers get involved, the better.

What kind of advice are you looking for?

[Anoroc]

Your'e probably right.  I just don't want to make any mistakes.  They haven't paid anything yet but I am sure they will.

Aside from general aches and tension I am pretty much ok now.

[chaunceyboyblu]

it totally depends on how hurt you are. if it isnt a big deal then let them pay the bills and say sorry or whatever. its like when you are sitting in a parking lot and someone opens their door into yours people usually dont call the cops and make a claim right? or concider it a hit and run if you ding someones door and just drive away instead of calling the police.

[LtDan]

2 accidents (one motorcycle, 1 car), 11 broken bones. Car was on duty, thank God for lotsa luck, med flight and a damn good attorney. NEVER deal with an insurance agency regarding a serious accident without and attorney. The insurance companies have lots of them, and you are not their client. They are there to minimize liability, you are a liability.

[Brookenstein]

it totally depends on how hurt you are. if it isnt a big deal then let them pay the bills and say sorry or whatever. its like when you are sitting in a parking lot and someone opens their door into yours people usually dont call the cops and make a claim right? or concider it a hit and run if you ding someones door and just drive away instead of calling the police.

Last year when I was dropping my son off at preschool, a 4 yr old hit the BMW next to them when he was getting out.  The mom of the BMW got out cussing out the kid, then the child's grandma.  Grandma checked the child into school and came back to the car to find the police outside.  It was unblelievable that the BMW woman was so obnoxious.  The police officer was beyond POd that he wasn't helping people that needed it instead was wasting his time there.  The BMW woman ended up threatening the cop and asked for his badge #.  If a child hadn't been verbally abused, it would have almost been humorous.  Had she just spoke nicely and asked to have the damage fixed it probably would have been a non issue... but threatening a 4 year old is not the way to do it.

[hotubinn]

NEVER deal with an insurance agency regarding a serious accident without and attorney. The insurance companies have lots of them, and you are not their client. They are there to minimize liability, you are a liability.

I would second that.  I was invlolved in an accident and missed a week of work (this really hurts when you are self employed).  I went back to work, couldn't afford to miss any more and the calls where backing up.  Finally settled claim, I received $100 dollars for my time out of work!!!  The reasoning was that I didn't get a letter from the ER or chiropractor informing MYSELF that I shouldn't go back to work!!!  Should have consulted a lawyer, but I didn't want those bandits to take all the cash.  On top of all of this, the ins adjuster was very rude and condescending everytime I spoke with her.  Letter in the works to the Ins Commission, what the h*ll at least I can cause up a bit of a stir!