Discussion in 'Fibromyalgia Main Forum' started by BronzeWomn, Mar 17, 2006.

  1. BronzeWomn

    BronzeWomn New Member

    A fedex car ran into me today. It was my turn to drive after i had stopped at a busy 3 way stop sign. I proceeded to go and the FedX Lady starting driving right into my car..so i tried to speed up so i could miss her from hitting me. She got the passenger back side of the car, meshed my car in really good.. and knocked me..up..my back is burning and my ankles and feet more since i got hit. I told the officer my back was hurting. I didnt go to the emergency room cause I wasn't bleeding..and my body reacts to pain differently..normally i hurt hours later or the next day after an accident. I dont kow if the police wrote in the notes about my back. My husband said..the fed x company should have called me to see how i was doing. My kids said, sue them...Do I have a good case? Sould i sue? Should i have wented to the hospital when i wasn't extremly hurting then? The car insurance lady asked me how i was feelin i told her i hurted a little ..and she asked me if i was hurt or not..its hard to answer something like that when u r in shock....I wasn't thinking. Should i get an atty or call the Fed X comp and tell them or call my car insurance comp back and policoffice that took the report and tell him..the lastest pain. i am being treat for fibro ..arthuritis..do u think i have a good case.?
  2. LittleBluestem

    LittleBluestem New Member

    I think that it is way to early to be calling a attorney. I would expect a company like FexEx to have good insurance. Call your insurance agent and ask how this should be handled. Give FedEx a chance to do the right thing. It will cost you both less.
  3. rockyjs

    rockyjs Member

    It can take up to 6 months for the full effects of a whiplash injury to show up, so don't sign any waivers. I also made the mistake of not going to the hospital because I was in shock. But you have a lot of damage and that means your body took quite a bit of impact.

    Their insurance company will do something called apportionment which means they will take your pre-existing conditions into consideration and then compensate you for the difference. But depending on your state you should have a certain dollar amount of medical tretament available right away.

    I personally think a good chiropractor is invaluable. Soft tissue injuries like you may have experienced take up to 5 years to heal and nothing but time will help that, but keeping the spine aligned and the nerves as uncompressed as possible will help.

    You don't sue until there is reason - in other words after your medpay runs out and FedEx's company won't pick up or they refuse to compensate you in any way. It's fine to get the check for the car damage and get that repaired, but like I said, don't sign any waivers on the medical. If you are represented by an attorney off the bat it may actually hurt. I think it's best to get one once they balk.

    You're going to have a tough time winning any compensation above just medical treatment because of your pre-existing oonditons unless your doctors can document that the pain is different and the condition exacerbated. Many doctors will also refuse to get involved if they know you're involved in a lawsuit.

    Talk to your insurance agent and let him/her explain the amount you have available for treatment before FedEx has to pick up. Take advantage of it because I guarantee you will start feeling the pain in the next few days.

  4. Adl123

    Adl123 New Member

    I'm sorry this hapened to you.It can be not only upsetting but painful.

    Please let me tell you what happened when a mail truck and I collided: In this case, we both made a mistake, but mine was greater. The post office said that they would not accept responsibility, but neither would they claim damages. I took this as a wonderful thing, because, the post office, (like Fed Ex) has so much money that they can stay in litigation for years, while the ordinary person can't. So, I accepted the offer, and dropped everything. I'm saving up money to pay for the scratches myself.

    You, however, were hurt. Frequently injuries don't show up for weeks. I would go to ao Dr., inform your insurance, and wait. You really won't know what to do until you know how badly you are injured.

    Usually companies or insurances will offer what the offending person is insured for. My mom was hit as she was crossinig the street, and her shoulder bone was broken. It wsn't her fault, and they ofered her $15,000.00. She made the mistake of hiring a lawyer, and he was no good at all, just ended up costing her another thousand. He said that the driver of the car (a Porsche) didn't have any assetts. (HA!) I think however,that he forgot about the case and just didn't do anything.

    Good luck to you.
  5. BronzeWomn

    BronzeWomn New Member

    I hurt all during the night and was very sore. I went to the my choripractor he gave me heatment and took xrays, etc. I have to go back Monday and keep takin treatments.
  6. BronzeWomn

    BronzeWomn New Member

    Little blue stream, are you talkin about my car insurance people or the health insurance people?
  7. CountryRocker

    CountryRocker New Member

    I wouldn't ever answer any insurance companies questions because pain can show up the next day after you've told them you're ok.
    So many companies had camera in their trucks now. I'd find out if they have one if they're trying to get out of paying for the damages.
    If you have fibro and live in pain, it's going to be hard to convince a judge that they caused you more pain. That's a really sad fact of life. I had a waitress in a restaurant push me into a wall twice as I was being seated and was in raging pain for days because I twisted my back. She had a broken arm in a cast and was protecting her arm from everyone and shoving them out of the way so she didn't get hurt and wound up hurting others. I was so angry that they didn't have her come say she was sorry that I talked to an attny about it. Because I have fibro and live with back pain, he would't touch it.
    I would have been very happy with them just paying the daily chiro bills she caused me (25 for each visit because my insurance covers the rest) and a simple, "I'm sorry" and wasn't looking for a huge amount of money, but I got stuck with the bills. I did get a nice steak dinner for two out of it though.
  8. JLH

    JLH New Member

    I am so sorry for your accident.

    If you have an accident and you hurt any place, whether you are bleeding or not, you should ALWAYS go to the hospital for examination.

    If you told the police officer at the scene that your back was hurting, then why didn't you want to go to the hospital to check it out? Even if you normally don't hurt for hours or days later, you would have had an initial exam on record.

    You mentioned that your children thought you should sue them. I am one of those rare people whose first thought is not about suing someone after an accident.

    What happened was an accident, just that. It was not intentional--she did not run into you on purpose and willfully try to hurt you. Accidents happen. What if you were the person who ran into HER? Would you want her to sue you?

    I think that her company's insurance company should be responsible for all of your medical bills as well as repairing your car to the state it was before it was damaged by the accident. Now, if you are permanently injured whereas it will affect your "normal as you live now" life, then yes ... you should sue for your loss, but if you are just "stoved up a bit", sore, etc., then I say no.

    If our country weren't so lawsuit happy, then maybe our insurance premiums would decrease, and when we really needed to sue someone, it would be taken more seriously by the courts.

    My opinion may not be popular here, but I just believe in treating the other person with honesty and respect ... like the saying "treat others and you would like to be treated".

    I sincerely hope that you feel better soon, as I am quite sure that you are stiff and sore. I know, because I have been the victim of three automobile accidents.

  9. LittleBluestem

    LittleBluestem New Member

    I was thinking of your car insurance agent, but your health insurance agent might be good, too. Mostly you need someone who is on 'your side' and knowledgable about insurance to guide you. If you have comprehensive coverage on your car, I think your auto agent will actually do most of the dealing with Fed-X for you. You need to talk to them to find out what they will do and what you need to do.

    You need to be concentrating on taking care of yourself and not stessing over dealing with insurance issues. As someone else said, going for a lawyer before the other party has shown any bad faith can make you look bad.
  10. BronzeWomn

    BronzeWomn New Member

    Thank all for your comments.

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