Legal Question in Personal Injury in Ohio

I was in a car accident on 12/21/09 and was not at fault. At the scene I did not feel as though I was injured by the next day I was in pain. I continued to go to work although I was in pain. Big mistake!

I went to the doctor the next day she examined me and put me on pain meds and muscle relaxants and told me to return if not better in a few weeks. In the meantime I was dealing with my car and with the anxiety and stress I was unable to sleep. I knew I could not afford a new car and there was a chance my car would be totaled. I drove a 96 toyota tercel with liability only so I had to pay $13 dollars a day for ins. and Alstate would not pay for it. I knew I couldn't afford that but I had no choice I had to get to work. I was so stressed I couldn't sleep. My injury was on the side I sleep on so that didn't help. Allstate took their good time making a decision on my car and after almost a month they decided to total it. I just got the check on the 23rd of Jan. Since I have had to go back to my doctor because I wasn't better so she started me on physical therapy. Now Allstate is saying they can't guarantee payment for my treatment an want me to file a claim with my insurance company or medical insurance. This is a mess and I need some direction. I am at my wits end and my sanity is at stake. Come to find out when I went to therapy i had displaced vertebrae in my neck which was causing my neck pain and my other pain was likely due to that. I am a nurse and my I need my body to be healthy in order to perform my job duties which means all of this depending on how I heal could affect my future ability to do my job. I need to know how to proceed and what is a fair settlement for my injury and pain and suffering.

Asked on 1/30/10, 4:34 pm

3 Answers from Attorneys

Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

You can file a claim for medpay coverage under your own auto policy, which will then seek reimbursement from Allstate. But, medpay coverage tends to be low, i.e., $5,000, so once that is exhausted you are still on your own for the rest of the bills. Plus, there is pain and suffering, etc. that your own insurance will not cover that is a viable claim for damages beyond the medical bills themselves. Also, future medical treatment must be considered, as well as the possibility of a permanent condition. It sounds like you will need an attorney to help resolve this. Often times, insurance companies simply will not take you seriously or fairly negotiate if you do not have an attorney. Please call me to discuss.

Vaseem S. Hadi


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Answered on 2/05/10, 6:30 am
David Davies Law Office of David H. Davies

It sounds like this accident has been a real nightmare for you, even though you are in the "good hands" of Allstate! Allstate will not agree to pay your medical bills and will not even admit that your injuries are caused by the accident. When you have finished with whatever treatment you can afford they will say that you over treated and want to discount the payment. There plan is for you to go without treatment. They figure that you will not be able to afford the help that you need and then they can argue that you must not have been badly injured since you did not get much treatment! No payments from them until you settle. The only thing they will pay you for ahead of time is the car damage.

Did Allstate agree to pay for a rental car? But not the insurance?

You need to get an attorney to represent you on this. I have been representing injured victims for over 30 years. We handle these cases on a contingency basis. That means that you pay nothing unless and until we get money for you. While we handle your legal issues-you job is to get all of the care that you need in order to get better. Your personal medical insurance should cover any charges. They will be entitled to be reimbursed for the cost of treatment for injuries related to the accident and they will be reimbursed when your case settles.

I will be happy to discuss this with you if you want to give me a call. There is no charge or obligation for the call. Take advantage of a little free advice! 1-800-953-2003 or 440-953-2000,

Good Luck!


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Answered on 2/05/10, 9:40 am
David Michael Benson Benson Law Firm

I can also suggest an attorney in Beachwood with extensive experience in personal injury litigation and workers' compensation (in case you were on the job at the time of the accident): John Gundy at 216-292-9750. Tell him I suggested you call.

But whoever you choose, I would highly recommend getting a lawyer involved. Good luck.

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Answered on 2/11/10, 8:41 am

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