Should we settle or wait it out?

NORMAFAN · 03-03-2005, 04:33 PM

In February of 2004 my soon to be wife was in a terrible car accident that was 100% not her fault. The lady that rear ended her at 60 on the freeway was distracted by her coffee and cell phone. She still goes to chiro appts twice a week. She has had two surgeries on her left knee and one on her right. Because of the problems with her knees she can't get her back to stay lined up which keeps her out of physical therapy and thus getting better. She needs to have the knee surgeries done that they remove some tendon, then grow it and then put it back in for both knees. No problem, right. Well the current surgeon has now decided that his arthritis has gotten too bad to do anymore surguries. Now no other surgeon will touch her for a minimum of 12 months due to malpractice.

My old insurance company( I call them old because one month after the accident they cancelled my policy) is of absolutely no help. They didn't provide a laywer like their comercials said. They didn't release the PIP money without having to make atleast a dozen phone calls per bill. And they didn't pay the time loss benifit for six months and still have not paid in full what is owed.

The laywer is a real gem also. If you call him, don't expect a call back for atleast 3-4 bussiness days and then it's his assistant. He offers zero help with the insurance companies or the medical. Seems to me he earns his 30% off the top.

We can wait for the surgeries and the rehab to settle but is it really worth it? Currently we have used all of our savings (this is why she is the soon to be wife and not my wife). We have maxed our credit cards and now best of all I am only working part time due to the economy.

We would love to hear some of your opinions. Maybe from laywers, doctors or people that have been in the same boat. Or better yet if anyone has someone they can recommend. All advice is greatly appreciated. Adam

Beaver93 · 03-03-2005, 04:47 PM

Adam,
My boss just went through all this. She used ***** **** with **** & ***** (decided I'd let you contact me)in Pendleton, OR and absolutely RAVES about him. She was looking for a fair settlement for permanent shoulder damage. She was treated very fairly and Steve handled all aspects of the paperwork, dealing with the insurance company, everything. If you want his name, PM me.
Corey

Reelentless · 03-03-2005, 05:08 PM

I would look for a better attorney. There has to be at least one decent one left out there.

I hope everything works out for your fiance.

big fishy · 03-03-2005, 05:42 PM

Do not settle! I know the bills are piling up And at times things don't look so chipper. My wife and myself are going through the same thing right now. We've done all the dog and pony shows with Insurance Co. and I have learned some lessons. Find a good lawyer and hammer thier butt. Good Luck.

yankemnbankem · 03-03-2005, 06:03 PM

DO NOT SETTLE!!!!!!!!! SEND OFFERS BACK TO THE INSURANCE COMPANY.

The Chub · 03-03-2005, 06:14 PM

My wife is going through the same thing. She was involved in a head on collision that totaled my truck. She is not the same person, but according to the insurance company there is nothing wrong with her

In 99 she was ran over in a cross walk, so we know the laws and such. You have to wait these things out. If you settle now, you will not get what you deserve. We have the same Lawyer that we did the first time, and it is a waiting game all over. Just because they don't call you everyday doesn't mean they're not working for you.(unless you got one of the really bad ambulance chasers in town)

Good Luck

1pump · 03-03-2005, 06:23 PM

Sounds to me like they're aware of your situation and are trying to force you into a quick settlement. Don't do it.
You didn't mention anything about the other driver having insurance. Sounds like she didn't. :whazzup:

Norski · 03-03-2005, 06:23 PM

You know what, we are going through the same problem, but we or I do ok in sales so we don't have the reaper coming down on us.
We talked to 2 attorney's, both said it's not worth there time???? what we were told was, what ever the total bill, replace auto?? Dr, bills time off from work, ect,ect, than we should double that price, for a fair settlement.

But it sounds like your next to B, is not really ready to settle, as more recovery is needed.

I would say don't settle, I do know that 3 days after my wifes rear ender, Mr Insurance was at our place and want to settle, and we could, but we didn't and my wife is going to 2 Dr to get her neck back in shape, and no pain.

This is why you see Insurance people dressed to the T's.

SuperPanga · 03-03-2005, 06:58 PM

Caution : if you are not comfortable with your current lawyer DO NOT WAIT to find a different one. I was in a similar situation that dragged on for 7 years. The other party was 100 percent at fault but their insurance did not want to settle. My lawyer was a super nice guy, (friend of a friend) but not a good trial lawyer. When it came time to go to court he chickend out(I found out later he had actually gotten physically sick at almost every trial due to nerves ,and lost those cases) At that point I realized I hade made a huge mistake and contacted the best accident attorney in this area who told me I had a good case, but due to the length of time the other guy had the case,he did not want to get involved. Same with other attorneys. I ended up settling for 1/10 of what my case was worth , but was glad to have closure.

Ni! · 03-03-2005, 07:53 PM

I wouldn't settle either. I know it sounds like you're in a tough spot right now, but you won't get near the full value if you cash in now. I was rear-ended 11 years ago and suffered a much less significant injury than you're describing. I still have pain in my neck most every day as a result.

It also sounds like you need to start shopping for a lawyer that will give you the time of day. The sooner you do that, the better. Make sure you get references from past clients too, so you make sure you're not trading a bad one for a worse one.

Good luck.

Ni!

Norm · 03-04-2005, 06:24 AM

Get a good lawyer experianced in dealing with insurance companys. My Brother-in-law used to work for the insurance companys, and now has a private practice in Aloha. PM me if you want his name.

SafetyChain · 03-04-2005, 07:14 AM

#1- Don't settle
#2 Fire the lawyer and hire a new one

I am in a similar situation. A guy ran a red light and totaled my truck. Hit me right in the driver's door. As a result, I spent a couple of days in Emmanuel's trauma system, yadda yadda. Lost my new job as a result, out of work almost 6 months. When things started looking REALLY grim, I talked to the insurance company to see if they would offer a reasonable settlement. Not only was it not reasonable, it was insulting and embarrassing. They had their one shot to do right, they blew it. I now have an attorney involved. I will be patient and not forgiving. I still endure pain and discomfort daily. Heck, I have only been fishing about 3 times since the accident-LAST APRIL!

You have two years (assuming your in Oregon) to settle or notify them of legal action. Do'nt get in a hurry, that will only benefit the insurance company.

lost_sailor · 03-04-2005, 07:35 AM

DON'T settle until you run out of time.

Get an attorney you can work with.

I was in an accident - back injury, but not the kind you can take a picture of - my attorney actually worked for fees for work done, because it wasn't worth enough.

I didn't get enough for my lifetime of pain, but more than I would have negotiating on my own.

NORMAFAN · 03-04-2005, 04:18 PM

The other drivers do have insurance also. She was hit from behind by first lady which shoved her into the vehicle infront of her and somehow spun her sideways so the guy in the next lane could t-bone the driver's side. The picks of the car makes you wonder how she survived at all. At the scene there were four nice other drivers that witnessed the event and reported in the police report. The two drivers that hit her said it was their own fault at the scene. After being depositioned, the guy that t-boned her changed his story and said it was my fiance's fault. It's a good thing I'm a changed man, because in my younger (stupid) days I would have taken the address from the police report and put that SOB in the hospital for lyiing to save a couple of bucks on his own car insurance.

I have spoken to three people that have worked with this attorney and they all said they were extremely satisfied with the end result. I just expect more respect from people that are working for you. A quick return call is not too much to ask, in my opinion. And my other feeling is if I hire a contracter to work in my house I do not expect I will have to call the city to get the permits to do the work, so why should I have to call the insurance company for the lawyer.

You guys are great to let me vent a little and you confirmed that we should probably just wait. If anyone has any references for knee surgeons, like the ones that work on the trailblazers please let me know. Adam

Hagar · 03-04-2005, 09:14 PM

Surgeons/doctors for the Trailblazers are located in Vancouver. Can't remember their specific names. Hayes is one of them but is not the lead knee doc.

I think one knee guy that has done ACL work for my family is now at Portland Ortho. He was great to work with.

If you know any physical therapists, I would suggest talking to them. They get to work with and see the results of the surgeries. They tell me some doctors patients just seem to have longer recoveries and more complications. Better know the PT pretty well though or they aren't going to say much in case the word gets back to the dr.

Hope this helps.