Car accident insurance claims question?

Question

I was in an auto accident in VA. I was the passenger of the vehicle and the person t-boned the entire side of the vehicle I was in. The person that hit us was at fault and received a ticket. They didn't have car insurance so my girlfriend’s car insurance is paying for everything. I was rushed to the ER and injured my neck, shoulder, chest, back and wrist. I am currently going to PT and OT. The physical therapist said I have musculoskeletal injuries. I have to take 4 different meds a day and I have chest pain several times a day. The current (some) bills and lost wages are over 6k as of right now and my physician says I will be in PT for at least another month. I haven’t been able to work my pt job because of the type of work I do there but I have been able to go to my full time job. How much should I expect for pain and suffering. I can't even lift a bag of groceries now because my wrist hurts so badly. I don't want to get a lawyer since they take all the money.

Answer 1

If your girlfriend had full coverage, meaning comprehiensive, collision, bodily injury they should cover most of the medical issues. You can work with them to some degree over the medical billls, but I doubt they will pay for lost wages, ect. Since the other driver was not insured, you could try to sue, but chances are you wouldnt get a whole heck of a lot, and the lawyer will take a good deal of it. You can also consult a lawyer about what you should do concerning your girlfriends insurance, making sure you get paid for your medical bills.

Just keep in mind, if you get a lawyer, they will take at least 1/3 of any cash settlement you recieve. And litigation can take YEARS. If you sue, it could be three years before a decision is reached and since this would become a civil matter, again the uninsured driver would have to come up with the money. Most insurance companies will NOT pay for pain and suffering. Thats why "supplemental insurance" ie. AFLAC ect. is available. They would cover bills and daily expenses in situations like this. The car ins. will likely not care about these things.

Sorry :( lawyers, insurance comapnies and neck injuries suck.

Answer 2

considering it was the other driver's fault, it would be their insurance that pays you. since they don't have any, you would have to sue them personally.

your girlfriend was not at fault and it's not her insurance companies place to pay for your pain and suffering (sorry, i wish it was a better answer).

Answer 3

Personally I would get a lawyer because they might be able to get you more money than you could by yourself.  In mall claims court, you can only sue up to $5000 and you are already past that.  Also, with a lawyer, there are many that do not take any money unless they win as well as most will give you a free consultation.  It is something to look into.  I would think you should get at least 20-30 thousand for pain and suffering and maybe more depending on what your bills and last wages are.

Answer 4

Nobody can provide you with an actual dollar amount.  Your claim will be evaluated once you are no longer treating, and you have reached a medical end result.  Who knows, you may have a loss of function or permanency rating that needs to be considered.  

Your claim will be evaluated based on your injury(seems like a soft tissue injury), your length of disability(total, partial, residual), the kind of treatment, and permanency if any.  

I am not sure if the medicals and wages are being paid through her PIP,  if they are not, then these will also be included in the settlement.   If you are only partially disabled for about 8 weeks or so expect not much more than $2400-$3200 above the medicals/wages.   I have never handled a claim in VA, but that is what you would get if the loss occurred in MA.

Answer 5

If you or your girlfriend have Uninsured Motorist Bodily Injury then it can address your loss.

As far as what should be paid... no one can answer this without knowing all the information about yourself and your medical bills and notes.