Rear ended and already injured. What to do?

[skippy13]

I got rear ended downtown last week. I have severe stenosis and damage to my spine that was pre existing so I was terrified of further damage. I had an MRI in November because I was having great pain and radiculopathy on the left side. It showed changes (from the last one I had a few years ago) in the C-4 and C-7 levels and it was so bad I was ready to attack it myself with a sharp spoon and it lasted at a pain level of about 8 for two months solid. Anyway, it cleared up in late December and I was thinking of letting it just go until next time. And there will be a next time until I get this fused from C4- T-2 or so I've been told.

Immediately after the wreck I started getting tingling in my left hand that won't go away. Little finger and palmar surface. If I retract my chin to straighten up at all it gets worse by far, so I sit hunched over like a little old lady. I have never had a wreck before so I don't know what to do. What if this gets worse? I went to urgent care and got some Ultram for the muscle pain

The first thing she said when she got out of her car was that she had been texting on her phone. Great.There was (it seemed at the time) very little damage to my car and next week I will be taking it around to body shops for estimates. The car was a little low slung Toyota thing and I have a Jeep Grand Cherokee and so it just kind of went under my back bumper and smashed into the hitch system and crushed the electrical box on the hitch. It pushed the bumper up so high I cannot get the rear lift gate to open without gouging the bumper deck. I'm noticing more and more things that don't seem right as time goes by, like the computer telling me that a rear light is malfunctioning but not which one.

Will Her insurance pay for this? Mine has already disavowed any responsibility because I have only liability. ( typical A-holes)

What if I have to have more surgery because of this?

I really don't know what to do.

[ketamine kitty]

back to er back to docs, police report indicate she admitted texting, lawyer, sue.

ket

[SCIfor55+yrs.]

get to a lawyer asap!!

[lynnifer]

A police report was a must at first describing what she said (texting on phone) and your injuries. Do you have one? Even if your insurance can't cover, wouldn't you be able to claim against hers?

Here in Ontario, a police report is required after $1000 damage and it doesn't take long with today's vehicles to get to $1000.

[SCI-Nurse]

Your insurance should be going after the other driver's insurance. Get the police report and give it to your insurance. See your physician and get Xrays, MRIs and an examination so you know if you did suffer injury. You may need an attorney, but you need to do those things first.

(KLD)

[skippy13]

First thing I had to do was to file an accident report with the DMV. I found out that she gave a fake phone number, but I'm hoping that the rest of the information I got from her was legitimate. I guess that the insurance company will have to figure that out.

I have an appointment with my provider at the VA tomorrow, but I wonder if I should not use my medicare GP for this. My hand is still tingling and I have to stay off the nerve or my whole arm twitches bizarrely. My right shoulder got jammed also and hurts like a mofo. My trip to the VA was scheduled a week ago, but then later that day I had the wreck.

[baldfatdad]

lawyer, lawyer lawyer

[skippy13]

The police were not called as I do not have a cell phone and she would not call them. I began to feel really uncomfortable and just really wanted to get away from there. She kept trying to get me into her car to take me to the doctor. Later that night I went to the Urgent Care center and got a script for Ultram. They did no x-rays or anything

My shoulder is a concern as I have been having trouble with it intermittently for years now and have reached the point of surgery or continue to suffer.
My neck is also something I have been dealing with for years on an intermittant basis as well. I have been putting of surgery on c4 to t2 for a fews years now. Don't wanna do it, but finally may have to at least do c6-7.

I have an appointment with a neurosurgeon on Monday for c6-7. Here we go again.

AS for a lawyer...Who do I call? All personal injury lawyers are the scum of the earth.

[skippy13]

She has license and insurance. Her company is Geico, and mine is a nationally known company with a local rep who I went to see the day of the accident. It should be handled by the insurance companies as it is between them for now.

Geico keeps calling me. Should I even talk to them at this point other than to give relevant information? They called and got from me what is basically a deposition which they recorded and made it all official like. Are they going to try to get me to settle before I even know what the costs are going to be? Don't they deal with my insurance company about that stuff, or do they go right to the claimant? They have repeatedly said that they will accept responsibility for this claim, which is good in my book. I hope they cancel the woman who hit me as she was on the phone texting her husband when she hit me. Phone use in the car is illegal in this state for other then emergency personnel and texting is definitely not allowed

I want to see where this is going with the neuro first.

Having a pre existing condition is probably not going to do me any good is it? I am so paranoid of further injury as a simple fall or even a minor wreck can worsen my disability.

[SCI-Nurse]

Sounds like this is proceeding as it should. Just don't sign ANYTHING, and still would encourage you to get an attorney. See if you can file with the police still too. In my state you can do this within a certain number of days after the accident, and you don't have to call the police at the time of the accident unless there are injuries (they won't usually come if there are not anyway). Definitely see your physician before you agree to any settlement.

(KLD)

[skippy13]

I just went to the Neuro doc and he says I have to have surgery and is getting me a referral.

Effing figures.

Geico is calling me daily to get me to file papers so they can proceed to offer a settlement and they are/were eager to do that before I even got the medical results. I guess I will have to wait now to see how this runs out.

I just cannot believe the mess this has caused, but it is going to cost them bigger than I originally thought.

[SCIfor55+yrs.]

if you go through this without a good personal injury lawyer, you are setting yourself up to be screwed big time.

[Bonnette]

Skippy, I know you hate the idea of getting a lawyer, but this is really complicated and it would be extraordinarily unwise for you to deal with Geico by yourself. As a corporation, Geico serves its own interests, not yours. I totally agree with what others here have said - don't speak to any Geico rep (except to say "My attorney will be in touch with you"). Your car insurance carrier might be able to refer you an attorney experienced in personal injury law, if you don't know one; or check with the American Bar Association office in the state where you live. Lawyer up yesterday.

[Sue Pendleton]

Skippy this happened to us in 2010. Get a lawyer on it. I did the 911 to the nearest hospital and USAA was all over it for us. You should see a scummy lawyer. They have their uses. I hurt for months afterward both neck and lower back and had a CT and X-rays.

[skippy13]

I'm getting out the phone book and calling a lawyer tomorrow. Thanks for all the good advice, folks.