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Pinkstarr7 · Jan 28, 2009, 12:38 PM

I was involved in a NY MVA in October 2008. Long story short, my car did not have insurance (please spare me the "get insurance"-i know. I have enough backlash of it & I'd hate for you all to waste your time typing it over & over again. It was pay insurance or pay meds for a sick loved one-i chose my loved one.) Anyway, I was rear-ended while I was moving by a driver that was not paying attention. He totaled my car & his flipped over so he totaled his own car too. I went to the ER due to being shaken up & back pain & was released the same night. I visited my doctor the following day & was sent for x-rays. When the results came back,he saw a herniated disc in the low back.I was sent for an MRI-results were spondylolisthesis w/herniated disc,bulging disc & muscle spasms and my cervical spine had lordotic curve w/muscle spasms.I was referred to an ortho dr,stated spondylolisthesis is degenerative,not caused by accident but the accident made my condition symptomatic & sent me to PT. While there, my left leg kept falling asleep. I advised the ortho dr during my follow up visit,referred me to a neurologist. I was diagnosed as having lumbosacral radiculitis. He put me on Medrol (6 day trial steroids). It relieved the stiffness l & sleeping" foot for about a week & its coming back again. Both the neuro & ortho dr believe I'm gonna need surgery which I don't want. The neuro dr is going to try an epidural block but I hear these are only temporary relieves. I've been out of work since the accident & don't know when I'll be returning because they are talking about surgery. I'm hoping the epidural helps so I can get back to normal. I'm also wondering about the settlement process. I have a good lawyer & I know I have to wait til treatment is complete for the settlement process to start moving along. Just wondering has anyone experienced anything similar & what their settlement was. Its NOT 3 times the med bills-i work for an insurance company & it doesn't work like that. His insurance paid for my car, accepted liability & the police report states "veh #1 stated he was not paying attention & hit veh #2" so liability is not an issue. I'm not going to ask my claim reps because I'm not greedy & don't want to appear to be. Just curious as to what others have experienced with pain,surgery, & settlement. Thanks.

Justwantfair · Jan 28, 2009, 12:43 PM

Your treatment does not have to be complete for the process to be started or rolling. Has your attorney not discussed the process with you? You need a personal injury attorney working on your behalf. They would have the information because it is not always about what the court will offer but what you can collect from this insurance/individual.

Pinkstarr7 · Jan 28, 2009, 04:08 PM

Thank you for responding. Actually my attorney has told me the process & it is moving along. My apologies for miswording above, but what I really meant was when they'll start talking about how much they will be offering. My attorney is there to answer all my questions,that's what he's there for of course,but I guess you can say I'm shy to talk about money,money,money. Don't want him thinking I'm counting my chickens before they hatch. I'm far from greedy,just want to be comfy again & I know they have to do a lot of paperwork,research, etc. before they can put an amount on the claim. That's why I chose to come to a forum so I can "speak" with individuals who have been through this already or have knowledge about it. I mentioned before I work for an auto insurance claims dept but they teach you what you need to know, not EVERYTHING. I've been nosey,actually work in bodily injury, but not nosey enough to know as much as much as I'd like to know.. lol. Plus, I haven't been back so I can't get some of the info I'd like to have.

ScottGem · Jan 28, 2009, 04:42 PM

Your attorney wants to wait until your condition is fully established and what it will take to cure you or whether you will need ongoing care.

Since you were rear-ended with the driver assuming liability, your lack of insurance is immaterial.

However, I AM going lecture you to an extent. This was not a matter of paying insurance or buying meds. This was a matter of BREAKING THE LAW. NYS law requires that you not operate a motor vehicle that does not have insurance. Therefore, your choice was paying for meds or driving your car. You chose to break the law by driving that car. That cannot be condoned.

twinkiedooter · Jan 28, 2009, 04:54 PM

For your information radiculitis is NOT "fixable" with epidurals. I have had radiculitis in both arms and both legs now for 25+ years from an auto accident where I was frontended and rearended at the same time totaling my van. I've had several epidurals in my neck and lower back for this and that treatment did nothing for me.

As far as money is concerned, I or anyone else on this site cannot really advise you just what kind of money you could realize from this accident. I would caution you to remember that the attorney takes his cut off the top regardless of everything. If you go to trial instead of settle, the cut gets even bigger for him.

You need to ask your attorney about the money aspect. The one doctor was correct about the spondylolisthesis is something that is not immediately caused by the accident. I have several discs in my neck, thorax and lumbar and sacral region that are herniated. I never had an operation as I was already in a lot of pain from the radiculitis and the surgery would have made that condition worse, much worse. Basically radiculitis is a spinal cord injury and the nerves into your leg are "bruised" and hurt. The funny pain will subside over time. Nerves do regenerate but extremely slowly.

kryptek · Feb 26, 2009, 05:35 PM

Did no one not read his part about "spare me the lecture"? Yes its breaking the law in almost all states more in likely, but that does not stop no one from it or murder in fact?.
Now I have a problem as well, Mine is at a stop due to insurance companies let me get to the point..

I was driving down the road at 45mph, a gentlemen pulled out from a parking lot(failure to yield) couldn't stop(skid marks! ) in time slammed into him at or around 35 I'm assuming. I was taken from my car might I add I just bought this car (used) did a total of 11k of damage which was 1400 under low trade, but by time they actually fixed its about 14 and have not included the rental which his insurance did not pay for since he has been nothing but a ahem in this process right when he came over "your fault" 70 year old man doesn't look and says "your fault"? Of course I was pissed I said "are you &&&& blind?!" and EMS had taken me and my daughter away since I seen the accident coming I looked away and hit him pretty much he says I was on my phone and speeding but have not proved either, I sent my cell records and EMS fire dept. cut my battery so the air bags wouldn't go off. So no Event Data Recorder could be pulled. So his insurance "All State" / "Are you in good hands?" boy they give there insured some nice hands! They have not taken liability(but they offered to settle with my daughter instantly!) it has been since dec 15th, what's that almost 3 months. My insurance, 3 witness and the police report say 100% his fault. What are they waiting for? I lawyered up once I found out that the Rural contract route I won I could not accept due to reasons 1) Bulging Disc (have to get shots now )2) severe whiplash 3) my car was not fixed in time to accept the contract (61k a year for 2 1/2years) So I'm mad because I was counting on that job to last me for 2 1/2 years. So they should have to pay for that term correct? No they will say "well you could of lasted this long" so the could ofs and ifs screw you. I'm not worried about money yet how ever I can't work or walk for long either. So I have not really asked the lawyer about how much yet because I know that your states minimum is more in likely what he has our state for that area would be a max of 250k$ med 25k $ after that you have to take it from him/her from his/her property or whatever they own but really do you want to put someone out? So I would not worry about what you get until the time comes and MAKE SURE YOU GET WHAT YOU WANT... I broke my wrist at work and some other stuff but was entitled to 28k I settled for 22k, but Had to have surgery a year later so Should have did 28k! So remember GET WHAT YOU WANT Factor in everything...

- Sorry for the long post if you read all of it thanks :)
Travis Wasilla, Alaska

Fr_Chuck · Feb 26, 2009, 05:41 PM

We love to lecture, because you could have been the one at fault just as easy and it could be one of our love one suffering with you having no way to pay for our medical bills.

The last accident I had, the driver jumped out of the car and ran, no drivers license, illegal alien and no insurance.

So lectures yes you will get them even if you don't along with other good legal advice.

You are the one that said you did not have insurance, that fact has nothing to do wth the case so you started it.

ScottGem · Feb 26, 2009, 06:34 PM

Even though the OP in this thread asked that we not lecture, that's not his call. When someone posts in a venue like this they don't dictate how we respond. As long as the response doesn't violate the site rules, then how we respond is up to us.

I'm sorry, I thought you were asking a question. I've moved your post back to the original thread. But I have to warn you that we have rules here about insulting people. Your response was removed because of that.