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Old 10-05-2012, 02:29 PM   #21
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Re: complicated....car wreck while pregnant, baby with "issues"

My advice and always my advice, if you have any car accident with personal injuries or beyond minor damage to your vehicle get a lawyer. Find the ambulance chaser, the practice with the shinest, biggest ad in the yellow pages, heck that attorney who buys the back page of the phone book, go get an appointment with them. Almost any attorney of this type will do contingency payment, basically they don't get paid till you do. Once you get injuries, doctors and insurance companies all trying to work things out it just gets messy and you need a professional to do the work.

My accident should have been clear cut, but do to a really unusual injury that it took months to find the cause behind and then no one had any idea how to treat, I went way over my "insurance company alloted value". Basically they see you as a number depending on the type of the accident, if I had gone it alone I would have had so many outstanding bills, but instead the attorney fought for me and got all my bills paid, my car fixed and a tiny bit for pain and suffering (seriously not enough, I still have issues 6 years later ), which was at least something.

You have a good case and too much stuff to really do on your own, a good attorney will be able to hold the insurance companies off, they had to do the same for me, because they couldn't figure out my issues for quite a while and they needed to see what the bills would be. BUT one thing to realise that most companies have a max to their coverage for accidents, so you might not get everything paid if the accident is tied to her issues, you would have to sue him directly beyond that coverage to get more, and that might not be legal or available in your state, and with the settlement from insurance.

Go talk to an attorney, tomorrow!!

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Old 10-05-2012, 02:36 PM   #22
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Re: complicated....car wreck while pregnant, baby with "issues"

you are DEFINITELY doing the right thing, it was his fault and the consequences of his actions are his (and therefore his insurance company's) responsibility to bear. i would stop answering the phone and screen all of your calls (except for numbers you know). i wouldn't respond to their calls at all, just give the number to your lawyer and ask them if there's anything they can do about it. and if you can manage, keep track of how often they're calling you. i don't doubt they're trying to urge you to settle so they can get out cheap (which is a sick sick shame on their part, since they are essentially trying to steal necessary medical care from baby )

i'm no doctor, and i have no idea how far along you were when the accident occurred, but the first thing that popped into my head was basically shaken baby syndrome, in utero. (i don't know if that's even possible ) but the symptoms definitely sound like it's plausible (seizures, irritability, and ftt)

many many many many for you and your family, i hope y'all can get some resolution soon.
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Old 10-05-2012, 02:37 PM   #23
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Re: complicated....car wreck while pregnant, baby with "issues"

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Originally Posted by leyash View Post
My family was in a car accident ... details removed...

Go after every single penny you can get, and don't stop until you feel that you've got everything you can. It's not about the money, it's about making sure your child is taken care of, and that some stress is taken off of you, and that the drunk driver learns a lesson.
First I am so sorry about your accident! That sounds horrible, and I am so sorry your whole family had to go through this and I agree with everything you said otherwise!

I also want to say it is scary reading your story. My accident was similar to yours, but my guy wasn't drunk, he was cut off and speeding, he crossed three lanes and hit me while I was stopped at over 50 MPH. He was in a full sized carrier van I was in a MINI. I thank BMW all the time for that car, my old Civic would have been road mush and I believe I would have been hurt much worse. I would have driven the car away if I wasn't shoved (foot on break, car in front pulling away) into an Expedition with a open tow hitch that busted my radiator. I did have bad whiplash and hand and wrist issues, but I feel so lucky. I also am happy no one was with me in the car.

Last edited by Fairycat; 10-05-2012 at 02:53 PM.
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Old 10-05-2012, 02:38 PM   #24
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Re: complicated....car wreck while pregnant, baby with "issues"

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i havent actually retained the lawyer yet. that will be monday, depending on the test results. i really have just been trying to wait for the results but the insurance cally multiple times a week:/ i dont have time for that, i have a baby who screams 14 hours some days
I'm so, so sorry. Next time they call tell them that you are recording the date and time of every call and that you will add harassment charges to the list of grievances if they don't stop. Then, really do keep track! It is not legal for them to be constantly calling you. It is harassment.

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you are definitely doing the right thing! How insensitive of the insurance agents!! I would lose it with them if they pressured me again....I'd probably end up threatening harassment charges if they called me again I know it's completely ridiculous, but it sounds like something I would say to someone so rude and moneygrubbing.
Not ridiculous at all (coming from the wife of an attorney who used to work in medical malpractice and wrongful death...)

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I would refuse to even take the insurance's calls until I talked to a lawyer, having BTDT with an injury case of my own. The insurance will try to trick you into saying things they can use against you in court (aka *phone rings* hi, how are you? good! Oh, she said she was fine! blah blah blah).
This is so true. Be very careful what you say when on the phone with them. They are recording the calls and will use whatever you say against you. Don't answer ANY questions about how your DD is doing.
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Old 10-05-2012, 02:45 PM   #25
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Re: complicated....car wreck while pregnant, baby with "issues"

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First I am so sorry about your accident! That sounds horrible, and I am so sorry your whole family had to go through this and I agree with everything you said otherwise!

I also want to say it is scary reading your story. My accident was almost the same as yours, but my guy wasn't drunk, he was cut off and speeding, he crossed three lanes and hit me while I was stopped at over 50 MPH. He was in a full sized carrier van I was in a MINI. I thank BMW all the time for that car, my old Civic would have been road mush and I believe I would have been hurt much worse. I would have driven the car away if I wasn't shoved (foot on break, car in front pulling away) into an Expedition with a open tow hitch that busted my radiator. I did have bad whiplash and hand and wrist issues, but I feel so lucky. I also am happy no one was with me in the car.
Our guy was just a kid. 20 years old. Drunk, and high on marijuana. Open Four Loko containers in the car. We've done the criminal side of things already, and I'm glad we did. Me and my husband have a lot of forgiveness in our hearts, but all of this junk is far from over. I'm glad everything turned out as good as it did with your accident, even as bad as it may be. :/
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Old 10-05-2012, 02:46 PM   #26
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Re: complicated....car wreck while pregnant, baby with "issues"

If everyone wouldn't mind, please delete my first post, if you wouldn't mind! I didn't think about the details until after I posted it.

Just the bottom paragraph from my very first post. Thanks!

Last edited by leyash; 10-05-2012 at 02:48 PM.
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Old 10-05-2012, 02:49 PM   #27
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Re: complicated....car wreck while pregnant, baby with "issues"

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Originally Posted by leyash View Post
Our guy was just a kid. 20 years old. Drunk, and high on marijuana. Open Four Loko containers in the car. We've done the criminal side of things already, and I'm glad we did. Me and my husband have a lot of forgiveness in our hearts, but all of this junk is far from over. I'm glad everything turned out as good as it did with your accident, even as bad as it may be. :/
I have no for drunk drivers and after losing a friend in HS to a drunk driver, I am glad you did the criminal side. It had to be so tough though Seriously though, the lady who killed my friend was on her 4th DUI/DWI, she never even knew she hit him He is damn lucky he didn't kill anyone. Hopefully he learned his lesson. Again, I feel for you, that had to be so hard for your family.

Eta: I removed the personal details, from the quoted post for you.

Last edited by Fairycat; 10-05-2012 at 02:53 PM.
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Old 10-05-2012, 02:57 PM   #28
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Re: complicated....car wreck while pregnant, baby with "issues"

Thanks, appreciate it! I should have thought before I posted. If our case was closed, no biggie... but it's not.
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Old 10-05-2012, 03:01 PM   #29
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Re: complicated....car wreck while pregnant, baby with "issues"

you are absolutely doing hte right thing by not settling!
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Old 10-05-2012, 03:05 PM   #30
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Re: complicated....car wreck while pregnant, baby with "issues"

I would hire an attorney to preserve your right to sue sould you ever want/need to.

I think it's completely reasonable for you to try to find out the cause of your DD's problems before settling. They are likely trying to pressure you because they know it will cost them more money if it turns out their driver is at fault.
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