I was in a MVA in 08 an hurt my neck... I was in a pontiac sunfire and got hit by a dump truck carrying 6 tons of asphalt... I've had 3 mri's, x ray, ct scan and all.. 1 of the mri's showed something where the others didn't! My lawyer is coming up with excuses that it wasn't because of the wreck! All I want is 2 find out what is wrong! He told me if I went to court with this that I would end up having to pay myself for expenses and all! I told him I didn't want to go to court! Well I get a letter in the mail from my lawyer from the other insurance companies lawyer demanding a jury trial because they don't believe I'm hurt like I say I am!! What do I do in this situation?? I just want to know why I'm hurting so bad without having to go to court! They also are goona get my medicaid to pay my medical bills so they don't have 2! Can they do that?

First has fault been established? Second, why is YOUR lawyer saying it wasn't due to the accident. YOUR lawyer should be representing your interests. Finally, what do your doctors say?

Quote:

---

Originally Posted by ScottGem

First has fault been established? Second, why is YOUR lawyer saying it wasn't due to the accident. YOUR lawyer should be representing your interests. Finally, what do your doctors say?

---

I was not at fault I was t-boned and it specifically says it on the police report! My lawyer tried telling me I was side swiped!! I honestly don't know why he is saying it is not due to the accident because as far as I know he hasn't talked to my dr's that's his guess... :confused: the dr's I was sent to were in with my lawyer an I didn't know it and none of them will say that its wreck related! One of them won't even see me anymore! :( I went to urgent care a few weeks ago I was denied medical attention because my dr's have switched me so many times!

First, unless the police WITNESSED the accident, the police report is not enough to set fault.

I would get another lawyer.

What about your insurance company?

Quote:

---

Originally Posted by ScottGem

First, unless the police WITNESSED the accident, the police report is not enough to set fault.

I would get another lawyer.

What about your insurance company?

---

The guy that hit me said it hisself that it was his fault and his insurance company tried to get him to say it was my fault that I cut him off but he wouldn't do it!! What about my insurance company?? Sorry

If the other driver's insurer is balking about paying, then you file a claim with your insurer. They will then sue the other carrier for reimbursement of your expenses.

Quote:

---

Originally Posted by ScottGem

If the other driver's insurer is balking about paying, then you file a claim with your insurer. They will then sue the other carrier for reimbursement of your expenses.

---

I will try that thank you!! :) how would I know if my lawyer has been paid off?? Honestly feel in my heart that he has!!

Yes, I would change lawyers, anytime your attorney is not representing your best interest, you have a serious problem

Quote:

---

Originally Posted by gaillard07

i was in a MVA in 08 an hurt my neck... i was in a pontiac sunfire and got hit by a dump truck carrying 6 tons of asphalt.... ive had 3 mri's, x ray, ct scan and all.. 1 of the mri's showed something where the others didnt! my lawyer is coming up with excuses that it wasnt bc of the wreck! all i want is 2 find out what is wrong! he told me if i went to court with this that i would end up having to pay myself for expenses and all! i told him i didnt want to go to court! well i get a letter in the mail from my lawyer from the other insurance companies lawyer demanding a jury trial bc they dont believe im hurt like i say i am!!! what do i do in this situation??? i just wanna kno why im hurtin so bad without having to go to court! they also are goona get my medicaid to pay my medical bills so they dont have 2! can they do that?

---

I'm a liability investigator. I investigate these accidents for a living.

Your Lawyer can't simply look at you and determine what injuries were caused by the accident. He's not a Doctor. He has to rely on medical reports, as does the other company. What do the medical reports say?

The cause of the accident will be determined by the statements of WITNESSES (and the Police are not witnesses unless by fluke they happen to be there) as well as where the damage is and the angle of impact. It's either a T-bone or a sideswipe and the vehicles will tell that story.

What the other driver said at the scene plays a small part - it's an accident scene and everyone is upset.

If you collect you have to repay Medicare - is that what the Attorney is telling you? This accident will not be a windfall for you. Pain and suffering, yes. Medical bills, no.

You say you don't want to go to Court. If the insurance company won't settle without you going to Court you have two choices - drop the claim OR go to Court. That doesn't mean your Attorney is on the take. It means that he feels the company won't settle, the evidence is not totally in your favor, there is a good chance you could lose.

A Court will not/cannot determine "why [you're] hurting so bad." It will determine who was at fault for the answer and who should pay. A Physician can determine why you are in pain.

I'm sure you are in pain BUT you have to prove it through medical experts - in Court.

Quote:

---

Originally Posted by JudyKayTee

I'm a liability investigator. I investigate these accidents for a living.

Your Lawyer can't simply look at you and determine what injuries were caused by the accident. He's not a Doctor. He has to rely on medical reports, as does the other company. What do the medical reports say?

The cause of the accident will be determined by the statements of WITNESSES (and the Police are not witnesses unless by fluke they happen to be there) as well as where the damage is and the angle of impact. It's either a T-bone or a sideswipe and the vehicles will tell that story.

What the other driver said at the scene plays a small part - it's an accident scene and everyone is upset.

If you collect you have to repay Medicare - is that what the Attorney is telling you? This accident will not be a windfall for you. Pain and suffering, yes. Medical bills, no.

You say you don't want to go to Court. If the insurance company won't settle without you going to Court you have two choices - drop the claim OR go to Court. That doesn't mean your Attorney is on the take. It means that he feels the company won't settle, the evidence is not totally in your favor, there is a good chance you could lose.

A Court will not/cannot determine "why [you're] hurting so bad." It will determine who was at fault for the answer and who should pay. A Physician can determine why you are in pain.

I'm sure you are in pain BUT you have to prove it through medical experts - in Court.

---

my lawyer has already told me if we went to court I would lose and would have to pay! None of the doctors I have seen will say that its wreck related! I have seen 3 doctors (not wanting to) but they kept sending me other places an wouldn't see me fter that! So I found a neurologist close to my home n went there! They can't say that it is because they don't know my whole case... there again I got the bad end of the deal because they have me down as (as needed)! Nobody wants to take the time to figure it out! Its to the point to where I can't drive because my vision, it happens when I get a headache! The guy that hit me though lives near my husbands parents an saw him not too long ago and told my husband all that! There was a lot of witnesses around them during the conversation!

my car should have been totalled... the only thing that saved it was a used door then they had to go back after I had got the car back and fix the front of the car where he hit the side an it spun me around into his rim! They are trying to say that the car was not damaged enough for me to be hurting the way I say I am! The way I look at it though is they aren't the ones hurting from it I am! I have had to get someone to watch my daughter because its so bad I can't do anything!

has anybody ever heard of DMX test? (digital motion x-ray) I want to get that done but can't get a referall to do it! I think that will show my problems!

Then it appears you have to case against the other driver - you need medical documentation which you do not have.

Yes, my late husband had DMX testing.