Legal Question in Personal Injury in Virginia

Greetings,

My name is Thomas J. Rosario. I was involved in a car accident on 11/18/2010. It was during rush hour, I was stopped and a car hit me from behind causing me to hit the car in front of me. The police arrived and judging in our statements he established that the person who was driving the car who hit me was probably going 65mph and his insurance will have to cover for both of us affected. A friend of mine picked me up at the scene and took me to the hospital. They performed various test such as x rays and CT scan. Everything seems to be fine with the results except for the persistent pain in my back and neck.

I have a pre-existing condition due an injury that I had during my duties with the military. I have a herniated disk in my lower back and the VA administration granted a 20% disability for that. What I am afraid of is for the possibility that my condition has worsen.

I am currently under strong medication. If the medication is not taken it causes me to suffer a lot of pain. I will probably know after I run out of pills.

The insurance company that covers the person who hit me already issued a rental car until everything is clear.

I already call my insurance company and explain the situation. They stated that under the Virginia law I can file my medical bills to both insurance companies and it is not considered fraud since I have medical coverage (THE TERM USED WAS "NO FAULT COVERAGE") by my insurance and the other party is supposed to cover my medical expenses for this accident. They will both be taking care of my bills and my premiums won't go up.

At this point they still have not made any offer to the damages made to me or to my property which looks like is totaled. I don't want to use my insurance if I don't have to or if it's going to cost me any money on the premiums, as you can see I'm a little skeptic. I want to be sure that this is not fraud to insurance companies. I also want to know about the possibilities of getting any coverage to the damages made to my person. Should I get a lawyer to help me with the negotiations? I look forward to your response.

Thank you,

Thomas J. Rosario


Asked on 11/23/10, 7:05 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, an attorney should be helpful in assisting with the negotiations

of your claim for damages derived from this accident (particularly the component of your claim involving your pain and suffering).

Without a lawyer on your side of matters, the insurance adjuster will

almost assuredly "lowball" any offer of settlement which might

be initially tendered your way.

And, no, assuming that there is enough coverage for your medical expenses

under the crasher's policy, I see no need for you to submit any claim for these

expenses under your own insurance policy.

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Answered on 11/28/10, 7:41 am


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