Insurance and Legal Question (s)

#1
malinoisvol

malinoisvol

Pick up your Balls and Rattle your Cannons!
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#1
D*** I hate asking for advice.

My youngest son is on a road I never traveled. He was involved in an auto accident on 6/10/16. We picked up the police report on 6/13/16 abd, as I thought, the other driver was cited for failure to yield.

My son received minor air bag burns to his hands, fractured elbow (simple), bruising to his shoulder (seat belt), and a bruised knee from hitting the dash. He went to the emergency room right after the cops released him.

He visited the orthopedist today and they confirmed injuries and suggested PT so his elbow doesn't give him a lifetime of problems. However, he won't have medical insurance for another 58 days.

Other fella, on the police report, no insurance card, although we have been reassured he has it. He was unable to provide proof at accident due to him being carted off in an ambulance (broken ribs).

A former insurance guy told my son that when the police report goes public, the other insurance company will "blow" his phone up. He is 21 and I am his primary advisor, thus far.

What should we expect next?

TL/DR

TIA
 
#2
#2
sorry to hear that hope he recovers quickly

I would think he could still start physical therapy and the other drivers insurance will be responsible for those cost
 
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#3
#3
The other insurance company is likely going to call to get a statement to confirm liability.

Expect some letters from the ambulance chaser firms. I would avoid those and try to find one local small firm, if you go the attorney route.
 
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#4
#4
vol_in_ar said:
sorry to hear that hope he recovers quickly

I would think he could still start physical therapy and the other drivers insurance will be responsible for those cost
Click to expand...

If he is going to start physical therapy he needs to start exactly when he is told to go. The other insurance will throw a fit and fight for inconsistent treatment.
 
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#6
#6
I'm sure there's someone on here who would be a better resource than I... but I do work in insurance and might be able to help a little.

First, glad to hear his injuries aren't more severe. Sounds like nothing he can't get through so that's good news.

Second, I'm not sure what you meant about blowing his phone up. With what? Them trying to reach a settlement? What did you mean by that?

Thirdly, there's some good news in that physical therapy isn't too awful of an expense. Sure, it's not cheap... but in the world of medical treatment it is certainly not one of the more expensive things. I did some PT (on my own will) last summer and it wasn't so bad. Remember that when the bill comes due, like anything else, it is negotiable. I talked about 20% off of mine just by asking and telling them I was paying out of pocket.
 
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#7
#7
joelkthx said:
I'm sure there's someone on here who would be a better resource than I... but I do work in insurance and might be able to help a little.

First, glad to hear his injuries aren't more severe. Sounds like nothing he can't get through so that's good news.

Second, I'm not sure what you meant about blowing his phone up. With what? Them trying to reach a settlement? What did you mean by that?

Thirdly, there's some good news in that physical therapy isn't too awful of an expense. Sure, it's not cheap... but in the world of medical treatment it is certainly not one of the more expensive things. I did some PT (on my own will) last summer and it wasn't so bad. Remember that when the bill comes due, like anything else, it is negotiable. I talked about 20% off of mine just by asking and telling them I was paying out of pocket.
Click to expand...

When the guy told us "blow" up the phone, I took to mean settlement.

Yeah. As we found out today with the ortho, discount for cash - about 20%.

Thanks.
 
#8
#8
volwindy said:
If he is going to start physical therapy he needs to start exactly when he is told to go. The other insurance will throw a fit and fight for inconsistent treatment.
Click to expand...

Thanks. That is a good piece of info to know. I'll get him to physical therapy. Fractured elbow, from my own exp, is painful. I didn't do PT and took me two years to straighten back out and back to normal.

He almost cried in front of his momma when the ortho was fooling with it today.
 
#9
#9
I practice in personal injury in CA. I am also licensed as an attorney in TN but I'm inactive.

Tell your son not to give a recorded statement to the other insurance company. They will try to twist his words around against him. He does not have to and should not.

Since he doesn't have health insurance, he can go get medical treatment on a lien. Meaning they will get paid back after he settles his case with the other driver. Most lien doctors will want him to have an attorney to make sure they'll get paid back.

Let me know what city you are in and I can help you find a reputable attorney.
 
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#10
#10
SDV said:
I practice in personal injury in CA. I am also licensed as an attorney in TN but I'm inactive.

Tell your son not to give a recorded statement to the other insurance company. They will try to twist his words around against him. He does not have to and should not.

Since he doesn't have health insurance, he can go get medical treatment on a lien. Meaning they will get paid back after he settles his case with the other driver. Most lien doctors will want him to have an attorney to make sure they'll get paid back.

Let me know what city you are in and I can help you find a reputable attorney.
Click to expand...

SDV, we are in Anderson County, Tn. His next ortho appt. Is on the 22nd. This is when they will refer him to a PT.

I will pass this info, along with everyone else's to my son.

GREATLY APPRECIATED!!!

ETA: Clinton
 
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#11
#11
malinoisvol said:
SDV, we are in Anderson County, Tn. His next ortho appt. Is on the 22nd. This is when they will refer him to a PT.

I will pass this info, along with everyone else's to my son.

GREATLY APPRECIATED!!!

ETA: Clinton
Click to expand...

Call this guy:

Matt Long. Phone 865-637-2442. He works for a friend of mine, Chris Gilreath
 
#12
#12
I'm assuming your son had some form of car insurance, hopefully? At the very least liability? There is typically a bodily injury coverage clause even in liability insurance where your son could receive something like up to $5000(amount changes depending on how much you pay) from his own insurance company and they could get that money back from the other guys insurance.

- Uninsured Motorists Bodily Injury
If an uninsured or underinsured driver injures you or your passengers, ($25,000 to $50,000)

- Medical Payments
If you or your passengers are injured in an auto accident, (up to $5,000)
 
#13
#13
SDV said:
Call this guy:

Matt Long. Phone 865-637-2442. He works for a friend of mine, Chris Gilreath
Click to expand...

SDV, I missed your post. Damn! The one morning I didn't check the pub.

We retained a lawyer this morning, Daniel Goodge of Cantrell, Goodge, and associates.

He told us exactly what you and volwindy said, verbatim.

I greatly appreciate y'alls words of wisdom. If there is anything either of you ever need from the Great State of Tennessee, let me know.

I will post updates.

Thanks!!!!
 
#14
#14
Hope it goes smoothly for him and you are in good hands.


And since you are offering...I need and will take TN season tickets...okay thanks! :)
 
#15
#15
Is your son going to get to star in one of those commercials now, where he says "I was hit by a stupid driver and my lawyer got me $5.5 million!"?
 
#16
#16
malinoisvol said:
SDV, I missed your post. Damn! The one morning I didn't check the pub.

We retained a lawyer this morning, Daniel Goodge of Cantrell, Goodge, and associates.

He told us exactly what you and volwindy said, verbatim.

I greatly appreciate y'alls words of wisdom. If there is anything either of you ever need from the Great State of Tennessee, let me know.

I will post updates.

Thanks!!!!
Click to expand...

No worries man. Glad you guys found someone!
 
#17
#17
My dad told me a story Thursday.

Sometime in the late 80s he was fishing in a bass tournament. The partner he drew to fish with had a brand new high dollar bass boat that had never been on the water.

Anyhow, when their number was announced, they took off. As soon as the boat was on plane, it broke in half. Dad said he remembers being about 20 feet in the air. Besides losing all his fishing gear, he also broke his leg.

The boat was deemed defective. However, my dad never retained a lawyer. He gave the opposing insurance company a statement. He said by the time it was all said and done, the insurance company had twisted his statement to the point he felt that it was his fault for being in the boat.

He can smile a little about it now, but that story, combined with y'alls words, lit a fire under my ***!
 
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