Car wreck while 8 months pregnant. 5 year old and 1 year old in car also. car totaled and im left helpless?

Asked over 2 years ago - Wilmington, NC

Myself and my 5 and one year old daughters got out with only cuts and bruises. Went to the hospital and the unborn baby seems fine. We all had soreness, but nothing we went to the doctor over. now a month later i still have back pain, but cant do anything due to still being pregnant. my 5 year old is terrified of cars and has nightmares over the accident. my one year old screams when she sees a car or car seat and even in her swing. since the accident my anxiety is high and my blood pressure has been a concern with the obgyn. the guy who hit me (totaled my car, hit us going close to 80mph. he hydroplaned, ran us off the road and into a 3 foot deep puddle. we had to crawl out the window.he got fined and 100% fault) his insurance says no unpaid dr bills=no settlement. is this right?

Attorney answers (4)

  1. Timothy Lawrence Van Eman

    Contributor Level 9

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    Answered . In the land of personal injury cases, "no treatment = no injury" is a fairly common attitude of insurance adjusters. This is because as the claimant / plaintiff, you have the burden of proving that you were injured as a result of the accident. Usually this requires the testimony of a doctor. So, if you didn't see a doctor, you would have no doctor to testify. That said, you can solve this problem by getting medical care now. The theory would be "better late than never". However, the farther you get away from the accident, the less believable it will be that your problems are truly from the accident.

    The case law of some states allows proof of injury without medical testimony. This is usually only possible for injuries that are so common and easily understood that an expert is deemed unnecessary.

    In summary, it is very difficult to get compensation for injuries if there was no medical treatment. Think of why this is. If medical treatment was not a prerequisite, then anyone could say "I'm hurt and you have to pay me just because I say so".

    Consult a lawyer in your town who specializes in PI cases. Good luck.

  2. William David Owens

    Contributor Level 8

    6

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    Answered . No this is NOT correct. The other driver's automobile liability insurance company is responsible for paying the cost of medical treatment for injuries that were caused by the collision (in addition to other damages such as lost wages, pain & suffering, etc...). Even if health insurance has paid for the medical treatment, you can recover the value of the medical treatment rendered. By statute, the value is predetermined to be whatever amount was paid by the health insurance company for the treatment. So bottom line, even if you have no unpiad bills, you can still obtain a lump sum recovery. If you are still having symptoms of the injuries from the collision, you need to make sure your physician is aware of these issues so that he/she may advise you accordingly as to the need for any ongoing medical treatment/care for yourself and/or your children. Given the insurance company's approach up to this point, I would suggest contacting an attorney for a free consultation.

    I'm in Raleigh but handle cases in Wilmington. Give me a call if I can help.

    William Owens
    Owens & Miller, PLLC
    4030 Wake Forest Road, Suite 300
    Raleigh NC 27609
    (919) 719-2750
    will@owensmiller.com
    www.owensmiller.com

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Never listen to anyone from an insurance company, however, it sounds like you and your kids need to get some medical and psychiatric treatment to treat this trauma. Search Avvo's "find a lawyer" for a personal injury lawyer in your city, and get representation. Good luck to you.

    Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.
  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

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    Answered . No, it is not right.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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