Scarlett Posted December 14, 2020 Share Posted December 14, 2020 Does anyone have any experience in an auto accident medical settlement? My parents (especially my mom) were badly injured in an accident. Liability has been established--other party is at fault. I have questions about what is likely to be paid. My lost wages can't be covered under 'lost wages' because that is for the injured party. Will my parents need to pay me and then be reimbursed for that? Also we had to build a walk in shower for my mom. It seems like at least a portion of that would be paid. I think they will pay for the many trips up and down the highway to the city we have had to make. (roughly an hour each way). And finally my mom thankfully is not going to lose her ring finger as first feared but the surgeon says she will likely never regain much use of it. What is that worth when you start discussing pain and suffering. So many questions. They do not want to get an attorney, nor do I want them to, but I also don't want to be stupid as to what they should be awarded. Quote Link to comment Share on other sites More sharing options...
Katy Posted December 14, 2020 Share Posted December 14, 2020 Oklahoma laws are different than other states. You should talk to an attorney hired by them to answer your questions. This is what attorneys are for. 4 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted December 14, 2020 Author Share Posted December 14, 2020 2 minutes ago, Katy said: Oklahoma laws are different than other states. You should talk to an attorney hired by them to answer your questions. This is what attorneys are for. Yes I am aware of different states having different laws. I was only asking for experiences of others in a similar situation. Quote Link to comment Share on other sites More sharing options...
J-rap Posted December 14, 2020 Share Posted December 14, 2020 I agree that you may need to hire an attorney, even just for a one-time meeting. I would lower your expectations though, especially for things like paying for a walk-in shower. I don't think there's any way that's going to be covered. And, I kind of doubt your parents would be reimbursed for paying you to help care for them. But, I could be wrong. Our government has unfortunately not yet figured out how to help the disabled very well, and it very much relies on free caregiving by family members as much as possible. That carries over into insurance claims. I'm sorry you've gone through this, but am glad your parents have pulled through it okay! 3 1 Quote Link to comment Share on other sites More sharing options...
hippymamato3 Posted December 14, 2020 Share Posted December 14, 2020 54 minutes ago, Scarlett said: Does anyone have any experience in an auto accident medical settlement? My parents (especially my mom) were badly injured in an accident. Liability has been established--other party is at fault. I have questions about what is likely to be paid. My lost wages can't be covered under 'lost wages' because that is for the injured party. Will my parents need to pay me and then be reimbursed for that? Also we had to build a walk in shower for my mom. It seems like at least a portion of that would be paid. I think they will pay for the many trips up and down the highway to the city we have had to make. (roughly an hour each way). And finally my mom thankfully is not going to lose her ring finger as first feared but the surgeon says she will likely never regain much use of it. What is that worth when you start discussing pain and suffering. So many questions. They do not want to get an attorney, nor do I want them to, but I also don't want to be stupid as to what they should be awarded. They should get an attorney and have it included in the costs for the other party. 2 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted December 14, 2020 Author Share Posted December 14, 2020 They would get an attorney if for some reason insurance refuses to pay. So far we have no indication that there will be a problem. I just thought someone might know what are normal things that get compensated. Quote Link to comment Share on other sites More sharing options...
fairfarmhand Posted December 14, 2020 Share Posted December 14, 2020 Your parents insurance company may have a attorney to help you wade through these things, though it probably will be worth your while to hire a personal injury attorney. My sister in law and nieces and nephew were seriously injured in an accident and while it took 2 years for the insurance pay out it actually was worth the lawyer fees. 3 1 Quote Link to comment Share on other sites More sharing options...
JFSinIL Posted December 14, 2020 Share Posted December 14, 2020 Get a local attorney. The insurance companies will have them, and it is in their interest to NOT pay your folks as much as they deserve. My hubby is an attorney (not able to practice in OK alas) and it took a LOT for even him to deal with getting our money after we were badly injured in a car accident in which we were NOT at fault. Eventually we had all our medical bills covered (our insurances, auto and medical, paid then they went after getting reimbursed by the other party...who had no insurance and later declared bankruptcy. Good thing we had good insurance!) But we could not accept the settlement until one hospital was tricked (seriously ) into BILLING about $60,000 worth of charges (for my 2+ week rehab stay) - they had tried first to simply put a lien on our settlement instead!!! Other hospitals did, too, but hubby convinced them they had to bill insurance instead. You do not know what is going to go down, dealing with insurers, medical billers, etc. Plus there is the pain and suffering aspect - I believe broken bones qualify one for a higher amount, in our case, though, we simply got the max we had coverage for already from our auto insurance since the other party had nothing and declared bankruptcy. Attorney time!!!!! 3 5 Quote Link to comment Share on other sites More sharing options...
Acadie Posted December 14, 2020 Share Posted December 14, 2020 (edited) Scarlett, do everything in your power to get your parents to hire an attorney. I used to think personal injury lawyers were ambulance chasers, and when I was rear-ended I handled things myself, only to realize the advice of a lawyer as early as possible in the process would have way more than paid for itself. Insurance companies have professional legal teams whose sole purpose is to figure out how not to pay injured people. No one who is not in the legal profession can match a lifetime of experience in that regard. I feel like I glimpsed true malevolence in two people I encountered along the way who worked for the driver's insurance company. I'm not saying that everyone in that field is uncaring and unethical, but there really are some bad actors who spend their lives fighting compensation awards to injured people. Your parents were seriously injured and deserve significant compensation. A lawyer will help them make the best case for it. Honestly, after my experience (permanent neck injury I have to manage every day, very minimal compensation) I would hire a lawyer right away for even minor accidents. Of course, you don't want an unethical quack, but there are excellent, ethical personal injury lawyers who can give your parents sound legal advice and will know what to expect for precisely cases such as theirs. You can help them by reading reviews and perhaps with some initial contact or questions to find the right person. There are some really good people in personal injury law, who work everyday for what's fair and just. One lawyer gave me free, solid advice over the phone, and that was a shining light in a process where I saw a really ugly side of humanity and how corporations can use their formidable resources to cheat individuals who have been hurt in ways that will forever compromise their quality of life. And to one specific--I think the shower modifications should be covered. Back cushions for my car and ergonomic work station aids were covered for me. Please please get a lawyer! Edited December 14, 2020 by Acadie 5 1 Quote Link to comment Share on other sites More sharing options...
J-rap Posted December 14, 2020 Share Posted December 14, 2020 I'll add that I believe insurance settlements are different than an actual lawsuit. Of course the insurance settlement should absolutely pay for any necessary medical expense. But a lot of things will not really be considered necessary, even if they are in your particular case. That might have to go on to a lawsuit. 1 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted December 14, 2020 Author Share Posted December 14, 2020 3 minutes ago, Acadie said: Scarlett, do everything in your power to get your parents to hire an attorney. I used to think personal injury lawyers were ambulance chasers, and when I was rear-ended I handled things myself, only to realize the advice of a lawyer as early as possible in the process would have way more than paid for itself. Insurance companies have professional legal teams whose sole purpose is to figure out how not to pay injured people. No one who is not in the legal profession can match a lifetime of experience in that regard. I feel like I glimpsed true malevolence in two people I encountered along the way who worked for the driver's insurance company. I'm not saying that everyone in that field is uncaring and unethical, but there really are some bad actors who spend their lives fighting compensation awards to injured people. Your parents were seriously injured and deserve significant compensation. A lawyer will help them make the best case for it. Honestly, after my experience (permanent neck injury I have to manage every day, very minimal compensation) I would hire a lawyer right away for even minor accidents. Of course, you don't want an unethical quack, but there are excellent, ethical personal injury lawyers who can give your parents sound legal advice and will know what to expect for precisely cases such as theirs. You can help them by reading reviews and perhaps with some initial contact or questions to find the right person. There are some really good people in personal injury law, who work everyday for what's fair and just. One lawyer gave me free, solid advice over the phone, and that was a shining light in a process where I saw a really ugly side of humanity and how corporations can use their formidable resources to cheat individuals who have been hurt in life-altering ways. Well, I do agree with you that some insurance companies will do everything in their power to avoid paying legit claims. I see it every day with the auto claims side since I work for a collision shop. Progressive (at fault) is one of the worst as far as trying to get out of paying auto claims. Thankfully my parents have State Farm as back up and they are one of the best. Oklahoma laws says the entire medical claim is paid at one time, so we do have some time to figure that out. I have seen my boss hopping mad at some insurance adjusters trying to get out of paying a claim they should. He says too that some of them step over dollars to pick up dimes. I do expect and will insist on substantial pay out for my mom's hand. It is just so bad. Quote Link to comment Share on other sites More sharing options...
Amy Gen Posted December 14, 2020 Share Posted December 14, 2020 My husband was injured when someone hit him so hard on the freeway that the front wheel of my suburban went flying off. We were happy with our final settlement, but it took 18 months and we would have been in a very bad position without an attorney. We simply got the max that they were insured for. 3 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted December 14, 2020 Author Share Posted December 14, 2020 I am really surprised that everyone says get an attorney. Did anyone get a decent settlement without an attorney? Quote Link to comment Share on other sites More sharing options...
fairfarmhand Posted December 14, 2020 Share Posted December 14, 2020 If the insurance company believes that your parents won’t hire an attorney they will try to talk them into settling for less than what they’re entitled to. That’s why the attorney would Be helpful. Just the fact that someone knowledgeable is on your parents side takes the game to a new level and will force the insurance company to up their game. 6 2 Quote Link to comment Share on other sites More sharing options...
shawthorne44 Posted December 14, 2020 Share Posted December 14, 2020 No, and I don't know anyone who has. I think that fact is at the core of juries awarding outrageous amounts of money in lawsuits. Everyone on the jury doesn't trust the insurance company. 2 Quote Link to comment Share on other sites More sharing options...
City Mouse Posted December 14, 2020 Share Posted December 14, 2020 When I was a child, I was hit by a car and received a insurance settlement. (Broken arm, but no long term damage) I was given a lump sum, not am amount based on itemized expenses. The few settlements that I have heard of from acquaintance were also lump sum amounts, and not itemized. So, if they aren’t going to get a lawyer, then they should figure out a lump sum amount that will cover expected expenses. 1 Quote Link to comment Share on other sites More sharing options...
Selkie Posted December 14, 2020 Share Posted December 14, 2020 Definitely they should get an attorney to help them navigate this situation. 2 1 Quote Link to comment Share on other sites More sharing options...
EmilyGF Posted December 14, 2020 Share Posted December 14, 2020 My aunt was in a bad accident that required multiple surgeries and a twice-weekly cleaner/helper. They needed to get an attorney and it was a multi-year thing as their state has some weird laws about when settlements take place. They need an attorney. 2 1 Quote Link to comment Share on other sites More sharing options...
SereneHome Posted December 14, 2020 Share Posted December 14, 2020 1 hour ago, J-rap said: I agree that you may need to hire an attorney, even just for a one-time meeting. I would lower your expectations though, especially for things like paying for a walk-in shower. I don't think there's any way that's going to be covered. And, I kind of doubt your parents would be reimbursed for paying you to help care for them. But, I could be wrong. Our government has unfortunately not yet figured out how to help the disabled very well, and it very much relies on free caregiving by family members as much as possible. That carries over into insurance claims. I'm sorry you've gone through this, but am glad your parents have pulled through it okay! While that might be true, this case has nothing to do with the govt! It has everything to do with insurance company. @ScarlettThis is too complicated of a case to do without a lawyer. But my uneducated guess is that they will cover up to the limit of the insured. You need to find out if your parents can sue for punitive damages (which are taxable, btw) 1 2 Quote Link to comment Share on other sites More sharing options...
SereneHome Posted December 14, 2020 Share Posted December 14, 2020 33 minutes ago, Scarlett said: I am really surprised that everyone says get an attorney. Did anyone get a decent settlement without an attorney? Yes, my husband did, YEARS ago, 30 yrs ago. But when he tried doing the same thing when we were in a car accident and I was 8 months pregnant, it was an entirely different situation. We had to get a lawyer. 2 Quote Link to comment Share on other sites More sharing options...
Bootsie Posted December 14, 2020 Share Posted December 14, 2020 For a claim that includes any pain and suffering or other non-specific monetary damages, I would consult a lawyer. It is much easier to deal with a claim of of "my car was worth $40,000 and it needs $15,000 worth of repairs" where the numbers are documented--and your own insurance company will help with that. When you move to other damages, it isn't quite as straightforward. I don't think the insurance company is used to reimbursing for specific expenses in those type of situations--such as paying for a walk-in shower or for the lost wages of a family member They are set up to provide a lump-sum for the injured to decide then how to disperse. I would want a lawyer to make sure that any payments were structured in a way that minimized taxable income to your parents. I would also want to make sure that they are protected from accepting a settlement too quickly, before they know what the true medical outcomes will be, and preclude themselves from further demands. 3 2 Quote Link to comment Share on other sites More sharing options...
Acadie Posted December 14, 2020 Share Posted December 14, 2020 38 minutes ago, Bootsie said: I would also want to make sure that they are protected from accepting a settlement too quickly, before they know what the true medical outcomes will be, and preclude themselves from further demands. Absolutely. If I had accepted the insurance company's first offer I would not have been anywhere close to covering my car repair and medical costs. What I got was not enough in terms of pain and suffering but it did cover my expenses and was 10x what they initially offered. It's also important to note that what you say to the insurance company can and often will be used against you. How you approach your medical care can be used against you. Getting an attorney asap will help your parents avoid pitfalls like these that the average person has no knowledge of. And it's not about being deceptive or gaming the system, it's just not walking into the well-worn traps insurance companies lay out after years of strategizing. Determining what's fair compensation is not something a non-professional should do in personal injury cases. Someone who represents injured parties and sees how settlements play out in court can help you so much in the negotiation process, and can often maximize the settlement without ever needing to go to court. Interesting to hear SereneHome's dh's experience being able to handle one settlement himself many years ago but needing a lawyer more recently. I think insurers have become increasingly sophisticated and cruel in terms of the methods they're willing to use to avoid making payments. 4 Quote Link to comment Share on other sites More sharing options...
J-rap Posted December 14, 2020 Share Posted December 14, 2020 1 hour ago, SereneHome said: While that might be true, this case has nothing to do with the govt! It has everything to do with insurance company. @ScarlettThis is too complicated of a case to do without a lawyer. But my uneducated guess is that they will cover up to the limit of the insured. You need to find out if your parents can sue for punitive damages (which are taxable, btw) True, but if an insurance company isn't required by law to do something, then they won't have that pressure. I agree that an attorney is the best option. Quote Link to comment Share on other sites More sharing options...
Acadie Posted December 14, 2020 Share Posted December 14, 2020 Is the response to this thread so far indeed unanimous? I feel like I can count on one hand the times I've seen that happen on this board! 1 2 Quote Link to comment Share on other sites More sharing options...
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