Anyone filed "pain and suffering" in insurance case?

It seems like the other motorist would be the one with liability.

"The problem is I already have degenerative disk and arthritis (fun stuff)." Sounds likie a pre-existing consition. You company will probably drop you now

Sorry, that's just the reality of the situation. Maybe Rush Limbaugh and Gleen Beck can take up a colletion for your.

 

Well, 7 months ago you should have retained a lawyer! Now, you should talk to a lawyer. Your insurance should have covered you damages and medical costs. The lawyer will go after the guy who hit you, uninsured or not. He wil make the insuance copany pay up what it shoud have.
However it's been 7 months, you may be screwed!

Get on the phone first thing tomorrow morning, and at least talk to an Accident Attorney! The first call, visit is FREE! He can look at the merits of your case, and let you know what our options are!!!

CALL A LAWYER!!!

 

Wth is wrong with you?

even if he has degenerative back and neck problems, the accident is an intervening cause

he's talking about his personal health and asking for help, not soliciting an ill-informed political debate

 

The real question is what happened? Did someone else hit the OP and is thus the 'proximate cause' of the personal injury? Or, did the OP hit a patch of ice (or some other event) that caused the accident that was not sourced in another driver's negligence?

It is pretty hard to go after your insurance policy for events that you are the cause of. Conversely, it is fairly straightforward to go after another driver's insurance policy for the other driver's negligence.

If there is another driver at fault, it is possible to get into a debate about the extent to which the current pain and suffering is due to a pre-existing condition versus being due to the most recent accident. However, that is best left to the attorneys. Definitely don't start negotiating with any insurance company without having an attorney who does personal injury litigation representing you.

 

or we can start debating health care reform and tort reform here in this thread instead of offering sound advice to our fellow Prius driving and priuschat member

 

Regardless of fault, damage, injury, etc. Posting online asking for personal injury advice is not the best idea. Anything stated by the OP in this thread is public record and can be used as evidence against the OP by their insurance company...and by the driver that is allegedly at fault.

Admitting an existing injury (although it may have been already disclosed) can only hurt the OP's claim. The OP admitting they can still "work and everything" can only hurt the OP's claim. Additionally, admitting they "do lots of things at the gym" also adds fuel to the fire for an insurance company...in terms of insurance, humans are generally regarded as machines...and anything done to that machine by its operator is considered "operator error" when things go bad.

I would strongly suggest, considering the OP's insurance claim is still pending, that this thread be removed by the mods immediately...and the OP consider it a kind favor by the mods.

 

He has a pre-existing condition. Why should the driver or an Insuracne company pay for that. The Plantiff has to accespt personal resopnsibility for his condion.

 

That is your choice. Outside of FHoPol I don't get into political discussions. My post was limited to the 'facts' as I understood them. Whether you want to acknowledge it or not, a pre-existing condition (especially if there are prior MRI or X-Ray images available) is a discoverable circumstance.

 

If the search engine bots have already indexed this thread, there may be enough information contained in the index entry to cause it to be discoverable.... Nothing like trying to un-ring a bell.

 

I suspect that philo hasn't had his morning cup of coffee. Or, he just likes to take issue with whatever is posted.

 

Again mods, for the sake of the OP...remove this thread. If there is a lawyer on this site that would like to offer "legal advice" please PM the OP or provide a phone number to help them out. No good is going to come of this thread and posting in "Fred's House of Pancakes" for legal advice is a mistake...no offense to the OP. Every personal injury lawyer in TN is lining up to take this one against the OP...easy pickens!

 

So there's no reason to believe you're any worse off than if there hadn't been an accident. It's degerative....over time. And there's no telling how much additional damage was done with unsupervised exercise and 'treatment' by a chiropractor.

Was the other driver even charged in the a accident?

Advocatus diaboli

 

As long as he doesn't pick on my dyslexic typing. *






Then I'd have an airtight ADA case.

 

If the thread is indexed, killing it is not going to un-ring the bell. Are the mods going to delete the last two days worth of PC back-ups? Unlikely.

 

Anything is possible. Only time will tell.

 

Definitely move it to Politics. We have a ton of people there who claim to be lawers. Maybe one of the can even use "intervening cause" and "proximate cause" correctly.

Phildedodo wasn't even in the ballpark

 

I am a doctor. My advice would be to stop seeing the chiropractor. You will not help anything by continuing to see him/her. The best and latest scientific evidence shows that seeing a chiropractor does not help any more than taking a simple Advil. Also, you are putting yourself at unnecessary risk by seeing a chiropractor (see this link[ame="http://www.google.com/search?hl=en&source=hp&q=vertebral+artery+dissection"]...[/ame]) and he/she is probably making your problem worse. Basically, there is no science behind what chiropractors claim. That is, your spine can not be out of alignment, causing problems. If your spine gets out of alignment, your spinal cord will tear and you will be paralyzed.)

Stopping wasting money on snake oil will be the first step towards seeing medical improvement.

 

Uh-Oh. Opening the M.D. vs D.C. debate is sure to get this thread kicked to FHoPol.

 

There is no debate. One is a medical scientist trained in evidence based medicine, and the other practices voodoo.