YaelAldrich Posted February 10, 2023 Share Posted February 10, 2023 Since my oldest DS was hit by a car we're at trying to get follow up care and deal with whenever comes next. We haven't gotten the accident report yet (we will check again tomorrow). He can't be seen at the Orthopedic clinic until he gets that (!). They said something about getting an adjustor? We have a law plan from DH's work so I need to secure a personal injury lawyer right? What do I do next? His injuries aren't terrible but I want to know that things are paid for and ideally we get reimbursed for the extra stuff we are paying for and doing because he is injured. Thanks Hive Mind! 2 22 Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted February 10, 2023 Share Posted February 10, 2023 I have never, ever heard of refusing a medical evaluation pending an accident report. And I have had to be evaluated by my orthopedic clinic more than once after being injured in a car accident. I would escalate up the chain on that, because that's ridiculous. Injuries don't wait on paperwork. 21 Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted February 10, 2023 Share Posted February 10, 2023 Uh, nope. nopey nope nope. I assume the insurance of the guy who hit your son is the one demanding a "report" first. They can stuff it. Get the medical. if they refuse to pay - well, that's what lawyers are for. and complaints to the insurance commissioner. at-fault insurance companies will come up with all sorts of things to prevent having to pay. and constant phone calls to get you to sign off. DO NOT SIGN ANYTHING!!!!! I had to sue my insurance company, because the guy I hit (he was going westbound in the eastbound lanes so he could bypass the westbound left turn lane where I was. He was three cars behind me when he did it. City traffic cams . . . ) and I had the same insurance company. It was messy and unpleasant, and they had to pay up. they also ticked off the judge. 1 4 Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted February 10, 2023 Share Posted February 10, 2023 Agreeing with GardenMom. Don't sign anything. Don't agree to anything from the at-fault person. Get your son his medical care. Do not delay. A lawyer is a good idea. 11 1 Quote Link to comment Share on other sites More sharing options...
Teachaheart Posted February 10, 2023 Share Posted February 10, 2023 4 minutes ago, Harriet Vane said: Agreeing with GardenMom. Don't sign anything. Don't agree to anything from the at-fault person. Get your son his medical care. Do not delay. A lawyer is a good idea. Yes, to all of this. Also, don’t pay anything other than co-pays—and those only if you have to. You should be able to indicate that the injuries are the result of an auto accident and provide auto insurance for both your son and the driver who hit him to all medical professionals he needs to see. He should receive all treatment necessary with all bills being submitted to the auto insurance companies. If you do have to pay for anything up front, keep a running document of all out-of-pocket expenses and keep all receipts. We had to hire a personal injury attorney when DH was hit while crossing the street three years ago because the driver’s insurance was not cooperative, and DH, who didn’t drive back then, was not covered by my auto insurance. It was a very long process, but we finally negotiated a settlement that covered all medical costs related to the accident for the rest of DH’s life and were reimbursed for all out-of-pocket expenses—co-pays, wheelchair and other equipment, over the counter medications, etc. He was also compensated for 14 months of lost wages, since that’s how long it took for him to be cleared to return to work full time and his employer wouldn’t let him come back until he could work a full shift every day. 6 Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted February 10, 2023 Share Posted February 10, 2023 When my daughter (a pedestrian) was hit by a car, our car insurance company still managed the communication and bills from the insurance company of the person who hit her. 4 Quote Link to comment Share on other sites More sharing options...
Grace Hopper Posted February 10, 2023 Share Posted February 10, 2023 (edited) Don’t take a settlement offer from the driver’s insurance company without first running it by an attorney of your own. They may try to get you to agree to a one time quick payment, which may not cover medical needs that may arise down the road. Get your child medical attention. I am so sorry this happened and hope your child recovers fully with no complications, and that you can get great advice and assistance from your own insurance (and possibly) legal agents. Edited February 10, 2023 by Grace Hopper 5 1 Quote Link to comment Share on other sites More sharing options...
Denise in IN Posted February 10, 2023 Share Posted February 10, 2023 My dh was hit by a car several years ago and had some severe injuries, so that's the background my answers are coming from. Get an attorney asap. The goal is to get medical needs (current and future) and any other issues stemming from the accident covered. Once you have the attorney, let them take care of interaction with insurance, etc. I don't understand the delay in medical care at all. Get the medical care he needs, pay your co-pays as needed. Keep track of every expense, and keep all receipts. 12 Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted February 10, 2023 Share Posted February 10, 2023 One thing to remember - sometimes injuries aren't apparent in the first few days due to swelling. dh was hit while riding his bike, and the injury was so small (a very tiny piece of bone in his ankle) it was a month before it was found. he wasn't as good about wearing the brace as he should have been - but it has changed the circulation in that foot. I keep telling him to go to a podiatrist. . . 1 Quote Link to comment Share on other sites More sharing options...
saraha Posted February 10, 2023 Share Posted February 10, 2023 @YaelAldrichi am so sorry that happened to your son. And to the rest of you too! So many people hit by cars! I can’t imagine how I would be able to trust other drivers after that. Jeez. 1 Quote Link to comment Share on other sites More sharing options...
Guest Posted February 10, 2023 Share Posted February 10, 2023 I’m so sorry that happened to your son. Yes, secure a personal injury lawyer ASAP. DO NOT sign any Release you don’t understand and do not release anyone pertaining to the injuries. (There may be a release pertaining to property damage and this will not affect the PI case, but still, a lawyer ASAP is preferable.) Your medical providers will build a lien for treatment which will be satisfied at settlement and can often be negotiated to a reduced rate. (Though not usually for Tricare or Medicare/Medicaid.) If you had PIP coverage and/or MedPay, the initial medical bills should be reimbursable with the PIP payout. The typical retainer agreement for PI will be that the attorney gets 1/3 of the settlement and the attorney will ensure that liens are satisfied. One big benefit I saw in working for an attorney is that they have a vested interest in getting you the maximum available settlement (because: more for them) and they are obviously experienced negotiators. I saw my attorney squeeze blood from a turnip numerous times and get a settlement much better than I expected. I think it is well worth having an attorney unless you already have those skills and knowledge yourself. Keep immaculate records of every penny spent or related to the accident (like lost wages documented by paystubs). If your son has a patient portal, he should access his medical records that way to help save costs of securing medical records. (Some attorneys require the client to pay for these or will deduct the cost from settlement, so it is worth getting them yourself.) Remember the patient has a right to get their own medical records from any provider at any time; he just needs to sign a HIPAA-compliant Release so the provider can release the records. There is usually a fee but it is often less for the patient than it will be for the attorney’s firm. 10 Quote Link to comment Share on other sites More sharing options...
MercyA Posted February 10, 2023 Share Posted February 10, 2023 I just want to say I'm so sorry this happened. Hugs to you and very gentle hugs to your son. 1 Quote Link to comment Share on other sites More sharing options...
Dmmetler Posted February 10, 2023 Share Posted February 10, 2023 (edited) Go ahead and see the orthopedist. Trust me, if the other person is at fault, your medical insurance company will collect from their insurance. Save all receipts for copays, medication, etc. And yes, document work loss and other costs. Even things like needing to get take out more often, parking fees, etc. I will say that I found the car insurance companies to be surprisingly helpful-more so than I would have expected. Although that may be partially because my brother is a lawyer-and my parents' car insurance company's first act was to get the case pulled to VA vs TN. Edited February 10, 2023 by Dmmetler 3 Quote Link to comment Share on other sites More sharing options...
Ann.without.an.e Posted February 10, 2023 Share Posted February 10, 2023 Even if you think it isn't a really big deal, please get a personal injury attorney ASAP. I'm so sorry ((hugs)) 4 Quote Link to comment Share on other sites More sharing options...
Guest Posted February 10, 2023 Share Posted February 10, 2023 11 minutes ago, Ann.without.an.e said: Even if you think it isn't a really big deal, please get a personal injury attorney ASAP. I'm so sorry ((hugs)) And on that note, I also want to say, advise your son *not to minimize* his issues or put on a brave front. Of course, don’t exaggerate, but you want the medical records to explicitly and thoroughly document every pain and problem. Sometimes I see “tough guys” who say so little about their problems that it’s harder to make the case for their injuries at settlement. Don’t do that. 7 1 Quote Link to comment Share on other sites More sharing options...
Soror Posted February 10, 2023 Share Posted February 10, 2023 (hugs) I hope your ds is ok and gets medical car asap We went through something similar with dd and her wreck. We were told, at least in our state, that she had to have an attorney to negotiate a settlement because she was a minor. It had to go through the courts and she had to have a representative. Because she was in the car our car insurance had some med pay. I didn't expect that as she wasn't driving and it wasn't our car but I'd not think that apply to your situation (but what do I know). His car insurance and ours paid some up front - just flat amounts not tied to any bills. Then there was a settlement with his insurance company. I wouldn't have got a lawyer as the whole situation is very tragic and sad but once I knew she had to have a lawyer and there would be a settlement of some sort regardless I wanted her interests protected. They ended up negotiated over twice the initial offer which was about 4x what we'd expected. We didn't pay anything at all up front and let the lawyers talk to the medical companies. They had a trust that bills were paid from until money came in.I was going to deal with that but kept getting quizzes from one of the providers asking detailed questions that weren't there business (this was long after they treated her). 2 Quote Link to comment Share on other sites More sharing options...
zimom Posted February 10, 2023 Share Posted February 10, 2023 As others have said, do not sign anything and do not talk to the other party, the other party's attorney NOR the other party's insurance without the counsel of your attorney. Talk to more than one attorney if you don't have a good feeling about the first one you speak with, this person works for you and you want a good relationship with them. If you already have a relationship with an attorney, ask them for a reference for a good personal injury attorney. You want someone that specializes, but if they are respected by other attorneys, that speaks to their character. 4 Quote Link to comment Share on other sites More sharing options...
sheryl Posted February 11, 2023 Share Posted February 11, 2023 20 hours ago, YaelAldrich said: Since my oldest DS was hit by a car we're at trying to get follow up care and deal with whenever comes next. We haven't gotten the accident report yet (we will check again tomorrow). He can't be seen at the Orthopedic clinic until he gets that (!). They said something about getting an adjustor? We have a law plan from DH's work so I need to secure a personal injury lawyer right? What do I do next? His injuries aren't terrible but I want to know that things are paid for and ideally we get reimbursed for the extra stuff we are paying for and doing because he is injured. Thanks Hive Mind! I am so sorry to hear about your son! It sounds like he's ok but still it sounds like there are minor injuries. Saying a prayer that your ds has a speedy recovery! Keep us posted! Sorry y'all are going through that too. It's traumatic for the rest of the family. 1 Quote Link to comment Share on other sites More sharing options...
Acadie Posted February 11, 2023 Share Posted February 11, 2023 I’m so sorry. Agreeing your son needs medical care asap and not to talk to the driver at fault or their insurance co, whose whole purpose is to prevent your family from receiving the appropriate compensation. Get a good lawyer now, who will communicate with the insurance adjustor and have helpful advice on appropriate care. Delaying medical care, for example, could be used against you, to suggest it must not have been that bad or due to the accident. Don’t attempt to advocate for yourself—you absolutely need a good lawyer. I also agree your son shouldn’t minimize his pain scales or symptoms. 3 Quote Link to comment Share on other sites More sharing options...
YaelAldrich Posted February 12, 2023 Author Share Posted February 12, 2023 Thank you everyone! I FINALLY got the crash report from a police officer who said, "I don't know why this is not on the public record yet?". I spoke to our insurance company and they have started the process of speaking to the other insurance company. I'm locating a lawyer this weekend; we have a legal coverage plan that I hope to find a good lawyer on locally. I'm calling the hospital, etc on Monday. I don't want anyone to think he isn't having trouble when he is. And he isn't getting answers fast enough, but Momma Bear Aldrich will! 10 Quote Link to comment Share on other sites More sharing options...
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