Expert: Bennie719 - 3/5/2008

Question
Hi, in Nov 07 my husband and I were rear-ended in our car. My husband was the driver. Car damages were covered by the other persons insurance, I was injured I saw a chiropractor/doctor for until January, had a mri, and was diagnosed with a pinched nerve.  I had an epidural injection in February.  I was starting to feel better however we have not started any settlement with the other persons insurance. All my medical bills have been paid by my pip.  However yesterday I was hit on the highway by a driver who failed to stop. I was taken by ambulance to the er.  Given pain meds and had xrays of my lower back.  I am in a lot of pain at this point and we are unsure what we should do next.  The Van(a different vehicle than in January) will most likely be a total loss and the driver was ticketed.  
What steps should we take in regards to the personal injury?

Answer
Hi Jan,
Of course the first thing that you need to do is make a report to your insurance company.
Then you need to continue treatment for your first injuries and start treatment for you new injuries.  
Although it's going to be hard to do, you should encourage your doctor to maintain his treatment records separately for two different claims.  This is going to be a problem because some of the treatment is going to overlap.
You should consider only treating with a Medical Doctor and prescribed Physical Therapy.
The entire insurance industry is extremely anti chiropractic and the settlement value of an injury treated by a Chiropractor is only about 50% as opposed to being treated by a Medical Doctor and physical therapy.
This will not be an easy case to settle because the accidents were so close together.  Each company will try to place the blame for a specific injury on the other company.
It will take a great deal of time and patience to settle the claims after you are fully recovered.
If it is determined that you are going to suffer a disability or that treatment will still be required after the expiration of the statue of limitations in your state, it will be in your best interest to discuss your claims with an attorney.
If you make that decision, be sure to only deal with an attorney who has TRIAL EXPERIENCE.
If you don't know an attorney in that category, call your county attorney referral service (it's free) and they will refer you to three or more attorneys whose qualifications meet your needs.
I hope this information is of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area