Expert: Bennie719 - 2/5/2008

Question
My father had accident last year, with DUI person hitting side of the car, totalling the unit of his and my father's. Police officer took collision report, including witness. Opposing party indeed admitted that it was their fault. So my father got himself a medical provider to get him back on feet, and was still treating without thinking of settlement yet. Five weeks later, he and his wife got hit by another car, who didn't stop at sign intersection, totalling another of my father's car. Police took the collision report, including witness.
After the 2nd accident, my father's DR. said, he will release my father's treatment date of next week and close the first claim, then start new session for 2nd collision, saying mixing up the medical record would make these matter complicate.
Since both party is at their fault, so there is no wrong going, but first accident involves alcohol, which make me think it would be easier to get settlement from
opposing party without dispute.

My question is.. should he let his DR. to close the first case as soon as possible, and try to get treatment for 2nd collision?  

Answer
Hi Young,
No matter how the doctor handles his records, there are going to be complications.  Each of the adverse insurance companies are going to claim that complications from one injury is affecting the treatment of the other.
Since fault has been determined, the alcohol factor will bear little to none on the settlement.
The doctor should be persuaded to keep both claims open and treat separately unless your father has truly recovered from the first accident.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area