PC Lawyers - Auto Accident

[Soulpieced]

Background:
Wife (Honda Pilot) rear ended by Ford Mustang.
Wife has pre-existing back issue that has been seeing doctor/PT.
Fair damage to rear bumper, probably at least $1k-$2k worth of damage not having seen car.
Wife and Offender have same insurance (USAA).
Offender called USAA with wife in car, both talked to claims agent, Offender claimed responsibility for accident over phone.
Wife is on business travel out-of-town until Friday.

Issue:
No police showed up, so it was handled strictly through insurance company. After leaving scene, wife is experiencing (more) back issues due to the whiplash.

Response:
What is the best course of action for her to take to avoid losing any potential medical/damages/pain & suffering associated with said claim? Back isn't bad enough to need to go to the emergency room yet, but obviously no police report to indicate injury during accident.

Does she need to go to a doctor ASAP, call insurance company and tell them she is having issues, emergency room visit for the sake of going? And how does the pre-existing back problem play into factor? She already has prescription muscle relaxers and anti-inflammatories to get by in the short run.

[Alfster]

Accident's without cops involved are sketch as far as claims go.

[awol0509]

Working in the insurance biz, I'd have to ask if you had any auto medical coverage on your wife's car's policy. If so, have her go to the doctor and use that coverage. Most auto medical coverage pays primary to any health insurance and without any deductible, regardless of fault. Some companies only offer excess medical, which isn't as good. So hoping she has the good auto medical coverage. I believe depending on the laws in your state that you have up to a year to turn in your auto claim and up to 3 to actually turn in a lawsuit. Bearing that in mind I would have her make an appointment as soon as she gets the time, in case this does evolve into a lawsuit circumstance, the more "real" it will seem for your case. (Like if you waited a month or so from the date of the accident and then went to the doctor, it might not seem too credible.)

So First of all, I would have her call the insurance company and tell them she's experiencing whiplash, in which case they will tell her to go to the doctor immediately and be seen (no ER visit necessary...), but as soon as she gets to the doctor and they hear it was an auto related accident they'll want her claim number so they can start billing the insurance company for it. Pre-exisiting back problem should not play into it at all, for it was the other person (a.k.a offender's) liability insurance that will end up paying any bodily injury she may have experienced.

And from my experience, it doesn't so much matter if the cops showed up or not...they generally don't unless there's a serious injury.

[caelric]

However, USAA is very good about claims, probably the best in the industry.

I would call your claims adjuster and see what they want you to do.

[Soulpieced]

No auto medical, just company PPO health insurance.

[awol0509]

Just have her go see the doctor then, it should all play out through the claims office. The Dr. will want to bill the insurance company as soon as they hear it's auto related, so have your claim number ready.

[Keller]

I'll leave the PC lawyering to EasternBrand, as he's very good, but I'd say she needs to see her physician and talk to the claims rep from the insurance company.

[Stanley Burrell]

Here's where I read up to:


Background:
Wife

You're fucked.

[msconstrew]

"What is the best course of action for her to take to avoid losing any potential medical/damages/pain & suffering associated with said claim? Back isn't bad enough to need to go to the emergency room yet, but obviously no police report to indicate injury during accident.

Does she need to go to a doctor ASAP, call insurance company and tell them she is having issues, emergency room visit for the sake of going? And how does the pre-existing back problem play into factor? She already has prescription muscle relaxers and anti-inflammatories to get by in the short run."

I'm an insurance defense attorney, so you're gonna get it from the defense perspective here. Lack of police response is an issue because it suggests that the accident itself was not that bad. Since it was a rear-ender, it's clear that liability is on the other guy, so that's not an issue.

First, you should find out of the tortfeasor has any medical payments coverage on his insurance. If so, ask USAA to begin footing the bill for your wife's treatment. Make sure when she goes to the doctor she informs the doc that her pain is worsened from the date of the accident, and if she's feeling any "new" pain (ie, pain that didn't exist before the accident), make sure she details that, too.

The fact that she has pre-existing medical conditions that were exacerbated by the accident doesn't mean that she doesn't have a claim. What it does mean is that, from a defense perspective, she doesn't need to be 100% better; she just needs to be back to baseline. So you need to be able to show through medical records that the pain is worse, in a different place, or somehow different than the pain she experienced.

Once you find out if there's med pay coverage, make sure the docs begin sending the bills to USAA under that med pay. Then, once that's exhausted you can begin to make a claim under the tortfeasor's liability insurance. Find out his limits.

Obviously I don't have all the details, but that's what most plaintiffs would do in the beginning stages of a case. Also, I have to say that I don't know what state you're in, so it's impossible to say whether the advice I've given is accurate to the extent that all states differ. And, of course, if the tortfeasor doesn't have liability insurance, or enough liability insurance, then there is always uninsured/uniderinsured motorist coverage to consider under your own policy.

Anyway - feel free to PM me if you have questions.

A.

[msconstrew]

Oh, sorry, didn't see your other post about no med pay coverage available. Then, yes, go through your health insurance and begin talking to the claims rep. DO NOT settle the case until you have your property damage claim paid AND until your wife has stopped treating for her exacerbated pain.

[Warriorbird]

Not speaking as a lawyer:

Doctor immediately.
Talk exceptionally nicely to insurance claims rep.
Paper trail.

and echo the 'do not settle till all dealt with.'

[Tea & Strumpets]

Legally, I have to ask a serious question based on the information you've provided so far. With all this talk of the "back issues" your wife was having even prior to the incident in question, is it safe to assume she has enormous knockers?

I'm going to search through a few case files while I wait for your reply.

[Ashlander]

Legally, I have to ask a serious question based on the information you've provided so far. With all this talk of the "back issues" your wife was having even prior to the incident in question, is it safe to assume she has enormous knockers?

I'm going to search through a few case files while I wait for your reply.

Probably going to need a few photos for the report too.

[4a6c1]

Ooof. Sorry bout your wife Soulpie. I hope something good comes out of all this.

[Tea & Strumpets]

Ooof. Sorry bout your wife Soulpie. I hope something good comes out of all this.

This is the 3rd request for boob pics in this thread.

[4a6c1]

Naughty!


(true)

[IorakeWarhammer]

USAA is amazing.