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I'm a little upset right now and it's because I've real sick feeling that
I've done something stupid and I'm just wondering if there's some way to
correct this. And, even if there's nothing I can do about it, it might be a
lesson to other folks.
Almost a year ago I was rear ended while stopped at a red light. I'm in
Southern California. There wasn't much damage to the vehicle. This is one
of those little unibody type SUVs with the tire on the back that had to be
replaced and minor work done to the hatch back following that accident. The
other driver didn't even stop thinking we were turning on a red light.
Now, that happened on a Sunday evening, and according to my insurance
because the other driver was at fault I had to contact that insurance to
make arrangement for repairs and car rental, which I didn't carry on mine.
Now, I carry the car rental now, but at the time didn't because I had two
vehicles, but the truck needed a bushing and if I took it into the same shop
first thing they were going to repair that bushing and I wouldn't have
needed to rent a car. However, I sat here all day long - even called them
back a few times - they never called me back. About an hour before the
place closed I called my insurance to get their authorization to get my car
fixed and made it to the rental place just before they closed.
So, here I am with a rental vehicle that I have to pay for and get
reimbursed on. Also, because of they never called, I didn't check the
insurance requirements and just paid for it. Unfortunately, like many out
here, I worked in one city and the company I worked for got a little
strange if you were off more than 3 days in the year, so my main concern was
getting on that freeway the next morning. Lucky me, the insurance called
one day while I was at work and let me know they don't reimburse for
insurance, so I had to go back in and have them take that insurance off.
Now, for the really interesting part. That accident was on Sunday and I
didn't think it bothered me, but I was starting to feel a little sore. Neck
a little - hand a little more. That Wednesday I'd picked up a piece of
paper - just paper - single sheet and dropped it yelling ouch. Still not
hurting bad enough to bother me though. But, Thursday I went to put the key
in that rental car and was screaming in parking lot. I immediately called
the doctor and took of to have it check. I got a hand brace - there was
nothing visible yet. However, on the way to get the hand brace I stopped to
get a blood test and while doing that, both the person drawing blood and I
are looking at this lump that's starting to grow on my wrist just above my
thumb. I didn't go right back up to the doctor's then, but got the brace
thinking it's just swelling. Turns out the tendon was snapping across this
lump and then I had two lumps - the other a cyst, which they were able to
drain, but I'm still dealing with this other lump and it might require
surgery since the three cortosone shots only made the lump smaller, but it's
not going away and the last visit that tendon will still pop across that
bump.
Then, the following week the neck kicks in. It had been only bothering me a
bit and I kept thinking it's in the way you sleep, but it wasn't. I'd had a
dentist appointment that Tuesday night and they didn't want to touch me - so
I wasted time there, but I still thought just put a pad on it and it would
be alright. It wasn't and the next morning I don't even know how many
pills I took trying to get myself together so I could make it to the urgent
care. Turns out that's whiplash.
Now, I'm still trying to get hold of that insurance company because I want
them to cover my car rental. And, dumpb me didn't realize they were not
going to call me back. But, they sent me a letter. It says something to
the effect of - they've already told me this - they're only going to give me
$100.00. At that point I was mad and I checked with an advertised attorney
who started telling me they'd want me to go to one of their doctors, but I
didn't think I was hurt and all I was really interested in was getting that
car rental money back, so I talked to someone else and asked if he could get
that back.
Turns out I guess they're supposed to reimbursement you for you loss, so I
figure give me my car rental and my 3 days of pay. Didn't ask for
reimbursement on the braces or for the rest of the I took unpaid for all
those doctor trips. You've probably guessed by now - they don't want to
even give me the full car rental back.
So, here are my questions:
1. Could something like this have gone to small claims? I got to
thinking that I wasn't even asking for $2,000.00 and if small claims was
under $5,000 (not sure on that), I might have a good chance of collecting
what I want from small claims without as much fuss.
2. Also, the hospital has put a lien on this and I'm really almost at the
point of wanting to say forget the whole thing, but I'm understanding that
there's a problem with their paper work because limited reference to an auto
accident, but yet the hospital is submitting bills for my injuries because
of tht accident. What do you do with something like that and I'm also
wondering if they maybe should have turned that into my insurance company?
3. Also, I'm probably going to have surgery on this wrist. I don't go back
again till the end of August and that's what he was recommending if it isn't
better. If they're trying to bill for the surgery - what happens then?
I hate to say it, but this has been a learning experience. I pray I never
get hit again, but if it should ever happen again the first thing I'm going
to do is ask about the insurance and if this company I'm going to be on the
defensive right away.
Feeling dumb
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(mailed and posted, both because I have limited LEGAL content,
and because the information may be helpful to the poster anyway.)
GEORGII1 wrote:
I'm a little upset right now and it's because I've real sick feeling that
I've done something stupid and I'm just wondering if there's some way to
correct this. And, even if there's nothing I can do about it, it might be a
lesson to other folks.
((Quick summary:: Poster was in California and was hit in an accident
in which he is CLEARLY not at fault. He later found a hand injury
which was apparantly caused by the accident. Insurance offered $100
(probably before the injury).))
Was an SR-1 form filed? If there was $500 (or maybe $750) in total
damage or any injuries the form was supposed to filed with the
state of California within 10 days of the accident (or discovery
of the injury, I suppose.) All parties are required to file.
I don't recall the penalty for failing to file.
If you had collision coverage on YOUR insurance (you DID have
insurance, didn't you?) you should have dealt with them for
the repairs, paid the deductible, and let the insurance companies
fight over liability.
If you had personal medical coverage on YOUR insurance, you should
have gone to them for your injuries, as well as contacting the
other party's insurance. (I don't know whether it's precisely
legal, but "double-dipping" here is possible. However, your
insurance would only pay for your own medical care, not "pain
and suffering" or lost wages.
If you had (or have now, if the health insurance covers
pre-existing conditions) health insurance, it may be that
your medical expenses would be covered under THAT insurance,
even though they "stand in your place" in having a claim against
the other party.
If you had uninsured motorist coverage on YOUR insurance, then
they may have interpreted the other party's insurance offer of
$100 as a joke, and decided it wasn't really insurance. (This
is a stretch, but our uninsured motorist coverage paid for damages
to our car in an accident in which it turned out that the motorist
WAS insured, but had an insurance card for a different company.)
So, here are my questions:
1. Could something like this have gone to small claims? I got to
thinking that I wasn't even asking for $2,000.00 and if small claims was
under $5,000 (not sure on that), I might have a good chance of collecting
what I want from small claims without as much fuss.
I think you're selling yourself short. It looks to me as if you've got
more than $5000 in damages. However, if your injuries were less
extensive
then you've made out, you could go to small claims, if the statute
of limitations hasn't run out. It may be as short as a year.
2. Also, the hospital has put a lien on this and I'm really almost at the
point of wanting to say forget the whole thing, but I'm understanding that
there's a problem with their paper work because limited reference to an auto
accident, but yet the hospital is submitting bills for my injuries because
of tht accident. What do you do with something like that and I'm also
wondering if they maybe should have turned that into my insurance company?
I'm not sure I understand you fully in regard a "lien". If you have
more
questions after reading my two paragraphs on "personal medical coverage"
and "health insurance", please continue.
I'm afraid all of this is from personal experience from my wife and I
being in 6 accidents over the past 7 years.
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