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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am getting ready to try to settle with the insurance company

Resolved Question:

I am getting ready to try to settle with the insurance company for a MVA that occured on Oct 4, 2011. my daughter and i were hit full spead ahead in the rear of a 2005 toyota scion. we were driving on a cold, foggy, rainy day in oregon. waiting to turn L on a 2 lane country road. we were belted, waiting at a tand still while the on coming traffic cleared. i had time to sit and look out of the rear view mirror as this lady was traveling fast and it didnt appear to me that she was going to stop. she didnt. she hit us in the rear. the car levitated off the ground. by head went back and hit the head rest rather hard. my back hurt a bit. but my nect hurt much more. my daughter said she was ok. but later complined of back pain. the back pain didnt last for long. i on the other hand had to wear a neck brace for 3 nites and 2 days.
the next day i felt ok. by the way i was told by the ER staff that the xrays for myself and daughter were ok. use ibuprofen for pain and see my dr. for follow up. however the next morning, the ER doctor called and said i should take it easy b/c i may have a fracture in my lumbar region. he asked me if i felt ok. i had gotton up to do my regular exercise and felt terrible pain. so much so that i could hardly get in and out of the car.
anyway, since the aaccident, i have been doing massage therapy, then Physical therapy. i have been in PT for 5 months and now i am doing a second cycle. the radiologist looked at the wrong part of my anatomy with the first MRI. they took parts of m pelvis when it should have been my lumbaar region. since the pain was staing at the same site lower right back, my physician decided to just watch and see if more trouble would occur. well it has now the pain is radiating down my buttock and upper thigh. i have pain also in the right side in addition to the back. the days are different. i used to run 5 times a week. (ihave been an avid exerciser since medical school). now i dare not run. even if i run or jog for 10 minutes, i will pay for it big time the next day. i can walk briskly but no telling what i will feel the next day.
since despite PT 2-3X per week and traction each time i go to the PT, i am getting no better but appear to get worse. i will not even talk of my 13 year old daughter who received the greaterimpact.
now i have contacted an attorney. i want to first see what the ins company is ready to award me. and if not satifactory for a 50 year old oard v=certified ob/gyn dr. who is now getting ready to resume practice after a 8 year hiatus while homeschooling my daughter, i will contact an atoorney and get a fair settlement. could you please tell me what what be a fair compensation for me.
i have the following problems since the accident 1. since i have anxiety PTSD, i become terribly frightened when someone comes to my rear and is very close. 2 i cannot run probably ever again for prolonged periods of time if at all.3. i am on the tract to begin practice again in sept/oct. i am afraid to think of what if i cannot bend over patients, perform deliveries, operate, have to be forced into early retirement or experience progressive back/side pain. i am going to be talking to an attorney on friday in an interview to see if we are a good fit. what are some of the things i should be looking for in an attorney. also i am not afraid to go to trial. this is my livlihood at stake and i want to make sure i am fairly compensated for a possible early retirement. i can use all the help you can give me.
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
What a fair settlement is will depend on a variety of factors. The biggest problem you will have is that the insurance policy for the person who hit you is not unlimited, it has policy limits that may only be $25,000.00 or so. That means any settlement will almost never exceed the policy limits. In your case, because your injuries are severe and likely semi permanent, you are entitled to the entire policy amount for which the negligent driver is insured for, i.e., the policy limits. Unless you know what the policy limits are, you are not in a good position to settle your case.

Do you know what the policy limits are?
Customer: replied 2 years ago.
i dont know what the policy limits are, i will find out. thanks
Expert:  Zachary replied 2 years ago.
Allright,

If you want more info, just let me know once you have found out the policy limits.

-ZDN
Customer: replied 2 years ago.

i have been told that most insurance companies will not give that information out regarding policy limits.

Expert:  Zachary replied 2 years ago.
Generally, an insurance company is not required by law to reveal the policy limits unless there is an ongoing lawsuit.

However, if you have a copy of the other drivers' insurance card, this may reveal the coverage limitations.

If not, then you are left with two options. You can simply send in a demand for the "policy limits" or the total amount of your medical bills, lost wages, and 2x the medical bills for pain and suffering, which ever is less. Or, you can file a lawsuit and obtain the information on policy limits that way. Given that your injuries are extensive and your medical care is ongoing, I recommend contacting a personal injury attorney and asking them to file a lawsuit.

Either way, the most you are likely to get is the policy limits of the insurance policy in a settlement. If you take the case to trial and get a judgment, you can recover how much the judgment is over the policy limits if the Defendant has the money to pay anything.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience: Lead trial/International commercial attorney licensed 11 yrs
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