I was in a car accident a couple of months ago. I was rear-ended. The other driver was cited for failure to yield right of way.

Asked about 1 year ago - Houston, TX

I submitted my medical bills in excess of $9,000 and records to the insurance company which they agreed to pay BUT on my lost wages of $3,500- the adjuster is telling me my doctor's excuse doesn't say I'm completely disabled to the point I could not work at all. She says I could have done administrative work. Apparently she called my employer and was told clerical work was an option had I asked for it. My dr excuse just said to excuse me from work ( I do a lot of labor work). If my doctor said I couldn't work due to my injuries (neck, back), do I need to be disabled to the point I couldn't do any work at all? The adjuster seems to be telling me I could have done other work besides my current position because my doctor did not say I was disabled. Is this right? I think I will need an atty.

Attorney answers (10)

  1. Sean Michael Cichowski

    Contributor Level 10

    15

    Lawyers agree

    1

    Answered . You should contact an attorney. If the insurance adjuster has been contacting your employer or your doctors without your permission, it may open them up to additional liability. In any event, you clearly have a good case against the driver that rear-ended you.

    When you've been hurt in a wreck, you can file a claim for the full measure of your medical bills, lost wages, impairment, and pain and suffering due to the wreck. But the insurance company is going to pull every dirty trick in their book to minimize the amounts they have to pay. That is why it is best to hire an attorney who is experienced in handling personal injury cases to do this work for you.

  2. Nicole Lorene Dimetman

    Contributor Level 8

    15

    Lawyers agree

    1

    Answered . It does sound like you will need an attorney. A good lawyer will fight to make sure your past and future lost wages will be recovered.

    Your injuries are serious. Not only do you have an issue with your lost wages claim, but you may also be settling for past medical. With neck and back injuries, you should be very concerned that you recover enough for your future medical expenses. Have you reach maximum medical improvement? Has the doctor indicated that you will require surgery in the future?

    In addition, it also sounds like you may not be receiving anything for pain and suffering. Also, an attorney can help you negotiate down your medical bills so you can keep more of your recovery. Let me know if I can be of further assistance.

  3. John Gus Zgourides

    Contributor Level 17

    13

    Lawyers agree

    Answered . I agree with the previous two attorneys. You should stop communicating with the insurance adjuster and hire an attorney immediately.

    John Zgourides
    Board Certified - Personal Injury Trial Law, Texas Board of Legal Specialization
    www.zgourides.com
    (713) 876-7001

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  4. Brian Heath Crockett

    Pro

    Contributor Level 16

    11

    Lawyers agree

    1

    Answered . You need a lawyer. If the adjuster is arguing over a few thousand for lost wages then they are not planning to pay you anything for pain and suffering and other damages that are much larger. Moreover they won't negotiate down your medical bills. I recommend you stop talking to the adjuster immediately and call a lawyer. If you have any further questions or just want to know your rights as an accident victims please give me a call or add a comment.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  5. Seth Clark Harmonson

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . I have to agree with all of these posts. Would you perform a medical procedure on yourself? That is akin to negotiating with the insurance company without a lawyer. Do yourself a favor and get a lawyer to help you. We charge fees because we are worth it.

    Call Clark toll free for a free consultation on your TX, NM or AZ case. 877-565-6753. Harmonson Law Firm, P.C.... more
  6. Jeffrey Mark Adams

    Contributor Level 20

    10

    Lawyers agree

    Answered . The only friend you have in this business is your own attorney.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Bruce M Squire

    Contributor Level 12

    8

    Lawyers agree

    Answered . I think you are right. Trust your gut and get an attorney before you say anything to the adjuster that could hurt your case.

    This answer is for general education purposes only. It does not create an attorney-client relationship nor is it... more
  8. Curtis James Bickers

    Contributor Level 10

    5

    Lawyers agree

    Answered . I agree with the earlier responses, especially Mr. Harmonson. It is unusual that the adjuster is calling your employer, etc. on a case like yours. The adjuster is trying to take advantage of the fact that you do not have an attorney. Hire a local attorney who is experienced in personal injury law.

  9. Rogelio Garcia

    Contributor Level 8

    3

    Lawyers agree

    Answered . Wow, $9000.00 in medical bills and they are claiming liability and they are still nickel and diming you for your lost wages? Hire an experienced lawyer and make them pay the full policy limits! you're not trained to negotiate a injury settlement and its the adjustors job to pay the least amount of money on their claims. Avoid the headaches and get the most value for injury hire a competent Lawyer.

  10. Daryl L. Derryberry

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I suggest you immediately hire an attorney who is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. You also need to continue to seek treatment for your injuries and follow your doctor's orders. Insurance companies only care about paying you as little as possible. The adjuster is also ecstatic that you have not hired an attorney to assist you with your claims. Adjusters are trained to pay you as little as possible to settle your claims. Do not wait any longer. Hire an attorney and obtain the compensation you deserve as a result of the the safety violations (following too closely) committed by the other driver. Good luck. www.urhurt.com

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more

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