OT- car accident/ overwhelmed

[Aristomommy]

Sorry for posting something completely OT, but I am so overwhelmed right now. Yesterday I was involved in a "minor" car accident, where I was injured. Not seriously, but due to the injury I can't work. The other party was at fault and readily admitted it to the police. We were both taken to the ER and my car was towed because no one could come and get it right then. Now between the car insurance, work, towing company, medical appointments etc. etc. I am completely overwhelmed. I still have 2 children to take care of, DD started school today and DS is at home. DH can not take days off and I am left to deal with the aftermath. The accident happened during work hours and on duty, so it is a worker's compensation case. That complicates things even more.

I hope that someone who has experienced something like this could offer advice. Some of my friends suggested getting an attorney, but I don't think it's worth all that. I am not a litigious person and the other party is cooperating so far. I worry about my income, my ability to care for my children and when I can return to work safely. My car also needs to be fixed which will not happen soon. Any suggestion or positive thoughts are greatly appreciated

 

[CastleCreations]

Sorry for posting something completely OT, but I am so overwhelmed right now. Yesterday I was involved in a "minor" car accident, where I was injured. Not seriously, but due to the injury I can't work. The other party was at fault and readily admitted it to the police. We were both taken to the ER and my car was towed because no one could come and get it right then. Now between the car insurance, work, towing company, medical appointments etc. etc. I am completely overwhelmed. I still have 2 children to take care of, DD started school today and DS is at home. DH can not take days off and I am left to deal with the aftermath. The accident happened during work hours and on duty, so it is a worker's compensation case. That complicates things even more.

I hope that someone who has experienced something like this could offer advice. Some of my friends suggested getting an attorney, but I don't think it's worth all that. I am not a litigious person and the other party is cooperating so far. I worry about my income, my ability to care for my children and when I can return to work safely. My car also needs to be fixed which will not happen soon. Any suggestion or positive thoughts are greatly appreciated

Do you have any kind of supplemental health insurance, or any kind of additional insurance on your auto policy? I would get a copy of your auto policy and see what it covers. I know mine will cover some expenses if I'm out of work.

 

[somechick]

I would get an attorney to look out for your best interests. I am not litigious, either, but workers comp is a pain in the neck! My DH was hurt in an accident at work, by someone who claimed responsibility also. He was out of work for two years, and on workers comp. When a settlement was reached, workers comp took back a big chunk of money because someone else was at fault.

It just gets to be a pain in the neck dealing with it all. We ended up with very little of the settlement money, so that wasn't something we were doing to try to get rich quick. It was a hard two years, I had to work while he stayed home with the kids and it was tough to leave my babies.


I hope you are feeling better soon and this is not a long drawn out thing for you, as it was for us. It can just be easier to have someone looking out for you, even if you don't think you'll need them.


Good luck!

 

[mcco5543]

My only advice is to deal with one thing at a time at any given moment (minute by minute if you have to) I just wanted to offer

 

[Snowy-girls]

I'm afraid i don't have any advice for your situation.But i just wanted to say;-glad you are ok,and that it was'nt any worse.Take care and hope all goes well .x.

 

[hiddenj]

I am not normally a litigous person, but I think in this case it would be in your best interest to contact a lawyer. Just don't contact one of the ones that mails you something. Ask for recommendations. There are so many things to balance here that it will make your life much easier if you have a lawyer doing some of the work.

 

[powellrj]

The first thing I would do is get the kids squared away today. If your DS goes to child care, take him and take your DD to school.

Next you need to make your phone calls.

Talk to HR and see what you need to do since the accident was on company time. Your employer will need all of the information and will help you with your workmans comp claim.

Insist on a rental car and find out what is happening to your car. If your employer is handling it or if you need to contact your insurance or if you need to contact the other drivers insurance.

Make your medical appointments as soon as you can. I just finished PT and the good times fill up fast, if you need PT, make your appointments as soon as you can. Also make your Dr. appointments so thats taken care of.

Once the kids are taken care of, the car is taken care of, medical appointments are taken care of, then deal with work.

Its overwhelming, but once you start your phone calls you can usually get everything taken care of over the phone in a couple of hours.

I wouldn't get a lawyer unless you see that things aren't going well. Thats just one more expense you won't have to deal with.

 

[WDWorBUST]

I am not familiar with the law everywhere. But typically with workers comp the only thing a lawyer will do if the company is cooperating is cost you money. Each type of injury has a price tag and time off work is calculated with a set formula....when you get an attorney involved they will just take part of whatever you would have gotten anyway. The only time I would get an attorney involved is if the company isn't cooperating and I would try everything else first.

Sorry to hear about your accident. Just take one day at a time. It will be a pain working with both workers comp and another auto insurance policy but in the end it will work out and that's what insurance is for.

 

[thepeach80]

Since it was the other driver's fault, his insurance should (if they are being on the level) take care of everything. They will fix your car, get your a rental, pay for any days you missed work, pay for any extra expensese the crash has cost you, pay for new carseats if you have them in your car (this is very important), and pay for anything medical you need. I wouldn't even bring worker's comp into this unless for some reason his insurance is not covering everything, than you can either get a lawyer to make them try and pay or just ask worker's comp to cover it.

 

[Captain_Hook]

The simple fact that you are feeling so overwhelmed right now and this seems to be more complicated than a simple traffic accident (with the added issue of worker's comp) -- I would suggest getting an attorney. (They deal with this stuff on a daily basis and know all the ins and outs.) You could always go talk to one for his/her perspective and then decide if you want to hire one. Just because you have an attorney doesn't mean that you will end up suing anyone. Remember, ultimately the attorney works FOR you and should take direction from you (after giving you their advice). After having been in two accidents in the past three years (one minor without an attorney and the other worse with an attorney), I recommend not settling with anyone until everything is over (treatment, repairs, rental cars...).

I hope it works out for you. Get well!

 

[zaztooe]

The best adivse I can give you is to ask for what you need. If you need someone to help you look after your children, then ask them to pay for it (espeically if you need it for when you go to PT, etc) If you have family watch your children you can still request reimbursement for them if you pay them. If you need someone to clean your house then ask the for it, etc. They will not offer to pay for anymore than medical and repair expenses but there is coverage for those other items if you ask for it. You should not be out of pocket anything.

It is not your choice who to involve in this accident. There are order of responsibilty for ever accident. It sounds like the first to pay should be WC then the at falut insurance co (for missed wages) THe AF co will pay for the repair of your car and should cover out of pocket expenses such as child care etc. WC may not automticaly make a settlement offer after you are well.

I'm ot an attorney, or an insurance person. I am not an expert in anyway, I just had one of these accidents myself a few years ago.... ( 3 days beofre our 1st trip to Disney, I was rear-ended by a tractor and trailer on an Interstate - needless to say we had to postpone out trip. Disney was very very good about it!)


Good Luck, take it one step at a time and remember your feeling better is the most important thing. Ask fo rthe help you need.

 

[mdinecola]

I'm not the sueing type either, but don't let them low ball you. The insurance will likely try to tell you that the insured doesn't have rental coverage, doesn't have this, doesn't pay towing, doesn't have that.....tell them it will cost them more if you pursue this than if you cooperate. My sis was in a wreck and one of the MAJOR insurance companies tried to low ball her on what they would pay and she refused to cooperate and give in and, in the end, they paid ALL of her expenses. It's their job to make the financial blow as small as possible for the company, but stick it out and don't sign anything or accept a financial settlement until you are completely healed. They'll get you on that one also. If they want to pay for car repair, send it directly to the body shop, medical, send it directly to the medical facility. Keep track of work time missed, also - they should pay you for that so that you don't have to use up sick or vacation time. Good luck and I'm happy you are atleast well enough to be on here!

 

[llp479]

I would hire an attorney. I am a manager for billing and collections for a hospital and you actually have two separate issues here that will take awhile to get sorted out. The minute you put accident on a claim form, all bets are off. How it should work, is the auto insurance of the person who hit you is responsible first. They usually have a cap for medical bills of 5K. Then, any remaining balance will get sent to your WC insurance. We many times end up having to get the patients involved in getting the majority of our WC cases settled. Some providers are not diligent in this and will just bill the patient. An attorney will prevent this from happening. My Dsis was injured on the job and the hospital billed her even though she told them it was WC and her supervisor was the one that drove her to the hospital and provided them with all the information!

The biggest thing to worry about here is any follow up treatment that you may end up needing as a result of your injury. Even if you don't think you are going to have any long term effects, I would still move forward as if you might. I have a friend who still has neck and back problems from an auto accident 5 years ago, and she has difficulty getting the bills paid by her health insurance.

I'm not suit happy either, but sometimes having someone who is an expert at navigating the waters is what you need. I hope you are feeling better soon.

 

[Aristomommy]

Thank you everyone for the advice and positive thought. I don't get as much time here now because of the situation and typing with one hand is not easy I got so many phone calls from various people (even the person who hit me ) luckily that one went to the machine because I wasn't sure if I should talk to them or not.

The difficulty right now is taking care of my kids. DH will have fri-mon off and his help is badly needed. My work seemed sympathetic at first, but now they are eager to see when I can come back. They even called my dr. and tried to see if I should be off work completely,or if they could give me office type stuff to do (with one arm.... ). The note clearly stated to stay off work...

My car ins. company is the most helpful. they took a great burden off by taking care of the car and the towing company. They may have me pay my deductible when I get the car back, but i "should" be reimbursed at some time. I am still considering a legal consultation just to get an idea what all may be involved down the road.

 

[elderfam]

Years ago I was in an accident that involved a bunch of underaged girls taking daddys car ride out for a spin. They blew through a stop sign and plowed into us. I had some real injuries broken kneecap being the longest to heal. I should have hired a lawyer as I was never compenstated for the lost wages, or the pain of having to shop for another car, or for the money I lost for the classes I missed and had to drop out of. (college) It took me almost a year before I could walk without my knee swelling up. They offered a settlement which my parents advised me to take, however it was a fraction of what I figured I was due. Balance what the lawyer is going to take against what the insurance company will settle. Better yet, just factor all your lost wages, cost of new car, and what ever else is due to you and present that as your payment request. If they balk, then get a lawyer.....

I am not one of course, thats just what I would do if I had a do over...

Most of all...Thank goodness you will be able to recover!

 

[Aristomommy]

Just when I thought things were going smoother...

i got the police report and it's all wrong. the person at fault agreed to this and testified to it to a recording for my ins. company. She seems very honest about the accident, but was never interviewed by the officer before she was taken to the ER. She plans to call him tomorrow and see what can be done.

I am supposed to send the police report to work, but i'm hesitant because it doesn't describe the accident accurately. One biggie is speed that i was hit and the description of what happened. I don't want them to feel that i exaggerated anything since they can't speak with the other parties.

 

[RyJMom]

I would not stress too much about the police report. Sounds like the at fault party has already admitted it to your insurance company. Insurance companies look at the police report but they really take into account what the involved parties have to say. I work for a major Insurance Company and deal with this everyday. I also would not jump right out and get an attorney. Give the other person's insurance a chance to do right by you. 99% of the time they will offer a fair settlement. Why give 1/3 of that to an attorney? You always have the option later on to seek an attorney if you don't feel you are being treated fair - just don't sign off on a final settlement till you are satisfied. I'm sure your own insurance company will be glad to answer any questions that come up. I hope you feel better soon.

Veronica

 

[Aristomommy]

I got a call from the other person's insurance company. I was surprised to hear from them yesterday, because of the holiday weekend. They want to send an agent out to my house in 2 days to fill out forms and to discuss "different options". Is this normal? I wouldn't want to sign anything at this point and they sounded like they want to wrap things up soon. I don't have my car back, I'm still injured and off work.

Please let me know what to expect from this. I want to be prepared.

 

[momsully]

I work in the insurance industry and would not settle with the other party without talking with your employer. Work Comp will subrogate against the at fault party to get the money back that they pay for your medical treatment and lost wages.

My work seemed sympathetic at first, but now they are eager to see when I can come back. They even called my dr. and tried to see if I should be off work completely,or if they could give me office type stuff to do (with one arm.... ). The note clearly stated to stay off work...

The company is going to do everything in their power to try to get you back to work. This is a good thing. You only can collect a percentage of your average weekly wage up to a cap depending on your state. Coming back to work can help you keep your earnings to the level they were prior to the accident. Once your doctor releases you to a modified duty type position, if the company offers it you either accept or by declining they are no longer obligated to pay for your lost wages.

As for your car, I assume you were using your personal car for business reasons. Did your policy cover that? Most standard policies do not cover using personal vehicles for business purposes without an endorsement. Do you have additional coverage under your company policy? This may be important if the at fault driver does not have enough coverage to pay for the damages etc.

One final thought, an attorney should be a last resort. Work Comp is statutory and is clearly defined in the state law and the amount of money you get is also clearly defined. The attorney will get 1/3 of whatever that amount is.

Good luck and I hope you are feeling better!