Expert: Richard Hixenbaugh - 3/20/2009

Question
Hello,

I was involved in an auto accident in Sept of 2007 due to the other driver running a red light.  In the accident, I suffered 2nd degree burns to my hands that have healed amazingly well although I can still slightly see where the burns were.  What hasn't healed is my lower back.  After going to PT and my primary care doctor, I was referred to a pain mgmt doc.  At that point additional x-rays were taken and it was discovered that my pelvis is "crooked".  It appears that some type of injury to my SI joint occurred.  This has left me in a tremendous amount of pain.  I've gone through seeing neurosurgeons, pain management, and physical and rehab docs as well as 3 different PTs.  I've gone through numerous spine injections with no relief.  What I keep hearing is that yes, I'm crooked now and in pain and there's really not anything else to do about it.  I've been told that there's a good chance I'll eventually get at least some better, but it could take years and years.  My medical bills currently are almost $25k.  I've now got 6 months before statute of limitations is up.  I have med pay on my insurance which has helped with paying my medical bills.  I've done all the work so far and would rather not involve an attorney.  My questions are:  What happens if the other driver has only a $25k policy limit?  what happens if my insurance wants to be paid back?  My life as well as my husbands and 4 year old daughter's revolve around my back, what should I expect out of a settlement?  Thanks for your help.

Answer
Hi Kim,

Based on what you told me, it sounds like you have a fairly large claim. Since you are trying to handle this on your own, I would recommend that you visit www.collisionwizard.com , which is a website produced be the Better Business Bureau Video Series. It only costs $19.99 to use the system. It will alow you to enter all of the information about your accident, car repair costs, medical costs and treatment. It will help you prepare a demand package to send to the insurance and will also help calculate the value of your claim.

If the at-fault party only has 25k in coverage then you would make a claim against your own uninsured/underinsured motorist coverage (assuming you have that coverage). As soon as you know that the policy limit is less than needed to settle your claim, you should notify your insurance company that you intend to make an uninsured motorist claim. You would then submit your demand package with them and coordinate the settlement with the other insurance company.

If it all get too confusing or if the insurance company's do not seem to treat you fairly, you should seek the advice of an attorney.

I hope this helps
Richard Hixenbaugh