Legal Corner

Re: What he can expect
Robertini 4 Reviews 987 reads

ok if he sees somebody else and starts telling the truth?

a family member of mine got hit crossing the crosswalk by a car. It wasn't anything serious but he got pains and aches.

He went to see a lawyer. He says that as he was explaining what hurt him. The lawyer told him, what hurts is your shoulder, that's where the money is. So he goes to the doctor and tells him where it really hurts but also tells him that his shoulder hurt and can't lift his arm.
It's only been a week. But we want to know what to expect next. How long will this take and how much he might get?

-- Modified on 4/5/2012 7:28:19 PM

A jail sentence for fraud is always a prospect for lying.

ok if he sees somebody else and starts telling the truth?

ok if he sees somebody else and starts telling the truth?

which in most cases, is not a lot.  That's over and above the medical coverage.

Of course it depends on the laws and rules of the state you are in.  The lawyer ought to be able to give you some idea.

And then there are the questions if the driver has additional coverage from an umbrella policy or if they have any $ or not.

I got injured somewhat badly a few years ago from some guy who had the minimum required insurance, and not much else.  I got very little for the pain and permanent scars I have, to say nothing of the steel plates that keep my arm together.  (And keep causing me to get patted down by the TSA every time I fly.)

The idea some people have that getting an injury is like winning some kind of mega-bucks lottery is just a fantasy, most of the time.

The lawyer and the doc, would probably get most of the money.

-- Modified on 4/9/2012 5:01:45 AM

that your family member is willing to prostitute themselves to try to cash in on an accident.  Nothing wrong with being made whole after an accident that was someone else's fault, but we are talking about fraud here.  This is the reason why everyone's auto rates go up.  

I see lots of folks...  with real & critical injuries...  unable to be made whole because of insurance limits & you want us to condone this fraud?  I do not.

I have been following a local accident victim...  waitress standing at a take out window at an ice cream shop next door to her employment.  Senior Citizen's car jumps the curb & pushes her through the wall, crushing both her legs, shoving the freezer inside the wall several feet.  (The person on the other side of the freezer was injured slightly too!)  Her ER bill was twice the driver's statutory coverage.  
The Docs were able to save her legs, though she remains in pain & is relearning how to walk with her legs held together with plates & screws.  I seriously doubt if she'll ever be able to return to waitressing.  

This is a world away from consenting adults agreeing to have sex on their own terms.

G21032 reads

your family member will be examined very carefully, especially if the $ are big, and will eventually get caught in the lie.  At that point, they might get prosecuted, but at a minimum, the insurance company won't pay anything.

About 6 years ago, I got rear-ended while waiting for traffic to clear so I could make a RH turn into a gas station.  I was riding my motorcycle, had my turn signal on and did everything legally.  But a guy in a Ford F-150 came up behind me and he was looking down so he could call his girlfriend on his cell phone.  He admitted in his statement that he wasn't even looking out the windshield when he hit me.

I got punted hard upon impact and my neck and back were messed up, along with my motorcycle.  Unfortunately, we both had State Farm insurance and they decided to defend the guy that caused the accident, presumably because of the bigger liability, rather than try to make me right.  I had an attorney, and we got physical therapy for about 10 weeks on a lien.  But PT stopped, not when I was healed, but when the lawyer said he thought it would be difficult to justify more treatment!  I thought that was the doctor's decision, but I was wrong.

Along the way, I was examined, poked, prodded, stretched, x-rayed and given an MRI.  Despite the visible disc bulge in the area that was creating all the pain, the insurance company said they didn't believe that it was caused by the accident, based on absolutely nothing except that it was an unusual injury.  They stopped any further payment.  Six years later, my neck and back still hurt everyday, thanks to the asshole that was dialing his cell phone.

The insurance companies act this way because people like your family member are looking for a payday and are willing to commit fraud to get it.  Should the victim be treated and the medical bills covered?  Of course!  Should they make up fake injuries to get more money- only if they want to end up in court.  The insurance companies have plenty of lawyers and aren't afraid to use them.  Only a fool would commit fraud and take them on.

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