Goddamn bloodsuckers.Follow

So a while back Joph and I got in an accident, and when we contacted State Farm, they told us the lady who hit us was uninsured. That day I had gone into the ER and received treatment for a blow to the head, blurry vision and disorientation. They did a CT scan and said it was normal, but advised me that I may have other things show in months, if not years. I have not yet had my follow-up with my doctor, who said he will have to monitor my condition. In the meantime, I get a bill from the hospital for my co-pay and I pay it ($50). My insurance also sends me a letter to sign stating that I am not going to another insurance to claim for the same thing. Since, at this point, I have no other insurance to go to (besides Joph's), I sign it and consider the matter closed.

Late last week we get a chipper call informing us that the insurance has picked this lady back up and that they want to know what I have pending. I tell them the medical was covered under my insurance but the follow-up is still pending, and that I missed two days of work (one from my generic job and one from the side job) that I took without pay. They ask me for the sum total of missed wages, and say they'll send paperwork for my reimbursement.

I look at what they sent me in the mail and it is a long, verbose release of liablity for the other driver, her son, and all associated family, heirs and institutions for ANY AND ALL CLAIMS, INCLUDING INJURIES. No way José. If it means not getting my $350 I'll live, but I won't release this lady from jack. My sister in-law got convulsions from a blow to the head in a car accident, and they didn't show up until a couple of years later, and she had signed a release and so all medical treatment was on her. What happens if I just happen to not have insurance when this comes up?

I realize I may look greedy, but my health is worth more than gold, not to mention the State Farm lady NEVER brought this up to me on the phone. I'm waiting to hear what other offers she has, and see if I need to send in a letter stating that I am still under medical supervision, and will be until further notice. I still remember how scared I was, how helpless I felt, and I'll be damned if I don't cover my bases.

Edited, Sep 1st 2006 at 10:01am EDT by Atomicflea

Hoorah for close reading. Now send them a hearty GFY, Flea.

/nod

Maybe I'll call them. I'm sure they would want to save themselves any future billings.

No no no no no! Flea, DO NOT SIGN THAT. I cannot emphasize that enough. There is a statute of limitations for having a cause of action for your accident. You need to talk with an attorney about that as it can vary from state to state. The insurance company is only going to try to pay you for the actual damages you have suffered so far such as lost wages, medical and not a penny more. You are entitled to the special damages such as the inconvenience of what you have gone through and the emotional turmoil.

You let the State Farm adjuster and claims handler know that you are not in a position to sign ANYTHING and that when you do, it will be after the revew of an attorney.

What state farm is probably afraid of is they have an uninsured motorist clause in their policies in most states, so if the other driver is unisured then State Farm assumes her liability up to the underinsured amount. You should be able to go see a neuroligist, bill it to the State Farms claim number at no cost to yourself, get a catscan, and get reimbursed from state farm for you travel expenses and missed work for all of that. Then you will know if you have any injury, which you may find even if the accident is not definetly the cause, and then have a claim against the woman and State Farm will have to pay for it.

Please post offending insurance agent's phone number.

EDIT: Email Address, too.

Edited, Sep 1st 2006 at 12:25pm EDT by ForsytheFFXI

Yeah, I tend to agree. There are exceptional circumstances, but some idiot running a redlight (assuming no loss of life or limb) doesn't quite qualify.

Similar thing happened to me about 2 years ago. Uninsured drivers backed into my car door and thankfully, though stupidly on her part, left a note with her info. She didn't have insurance, nor did the owner of the car she was driving has insurance. The repairs cost over $2,500 since she twisted not only the door frame, but the frame of the car itself. I got my insurance company involves the moment she said she'd pay for any damages out of pocket. She then proceeded to come into my work and yell at me for being a racist (that's a story in and of itself).

And know on to the similar part. On the way in to get my car repaired at the shop, I got rear-ended by an another uninsured driver, who was here illegally, and thankfully AAA payed for the damages from the same uninsured driver coverage that was fixing my door. Thankfully, I only had a minor concussion from the steering wheel. The insurance company tried the same thing with me and I still haven't released her from responsibility. Thankfully a friend of mine was in the middle of law school at the time and when I asked him what he thought I should do, he sent me to his boss and he helped a lot! Darqflame has it right, go get an attorney, NOW!

Edited, Sep 1st 2006 at 12:46pm EDT by Wulelendamuwi

Edited, Sep 1st 2006 at 12:47pm EDT by Wulelendamuwi

I'm sure I could give it a try! But, I was pretty thankful at the time.

No reason you should give up any rights for a lousy $300 bucks. I'd tell them where to stick that paperwork and hope they get teh papercuts when they do!

So was it your wife's real man toy that you blow to get a load in your face?

Edited, Sep 3rd 2006 at 9:11pm EDT by dirges