Gabe.Grall@f18.n382.z1.fidonet.org (Gabe Grall) (09/04/90)
Index Number: 10071
[This is from the Chronic Pain Conference on Fidonet]
Unfortunately, I don't have a lot of knowledge about no-fault states
like yours. As I understand it, you are claiming against your own
insurance company; rather than the one of the guy/gal who caused the
damage. Some of them have "thresholds" of a few thousands of dollars
before you can get the big bucks; and I suppose thats ok to keep out the
slugs. Sounds to me like you have one of those claims that their isn't
enough money in the world to fix. I had to settle one of those once and
it bothered me to no end the length of time it took. I mean, the kid was
dead; we had a policy in force, the medical bills for his death were
close to $22,000...why did it take the company 6 months to decide to pay
the measley $25,000 we had?? I have some freinds who are paralyzed vets,
I'm a wounded vet myself, but not in chronic pain, or paralyzed. The
dudes in chairs generally seem to have their 'defecation consolidated'
much better than the walking whiney types. Knew a full MD in Oklahoma
City who was a legit Quad. Read medical charts and turned pages with a
mouth stick, smart as a whip of course. Is your attorney exploring every
possible angle on the daughters injury? Was this an auto accident?
industrial? Defective Product? any Punitive Aspect i.e. drunk driver or
something. Although I said not to let emotion come into play, those
factors can sway a negotiation.. I mean, if you are working on a case
with
a drunk driver at fault; what insurance company wants to defend that
??? Not me, thats for sure. If I'm being to nosey, tell me to go away and
I will; but I'd like to know more.... prayers in your direction, I assure
you.
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Uucp: ..!{decvax,oliveb}!bunker!hcap!hnews!382!18!Gabe.Grall
Internet: Gabe.Grall@f18.n382.z1.fidonet.orgEd.Dobie@f175.n120.z1.fidonet.org (Ed Dobie) (09/05/90)
Index Number: 10074
[This is from the Chronic Pain Conference on Fidonet]
GG->Unfortunately, I don't have a lot of knowledge about
GG->no-fault states
GG->like yours. As I understand it, you are claiming against
GG->your own insurance company; rather than the one of the
GG->guy/gal who caused the damage. Some of them have
GG->"thresholds" of a few thousands of dollars before you can
GG->get the big bucks; and I suppose thats ok to keep out the
GG->slugs.
Michigan is one on the hallmark states for no-fault. The main purpose of
the law was to prevent lawyers & insurance companies from sueing one
another. Irregardless of who is at fault (car accidents) your insuance co.
pays. [In extreme cases such as ours, tort claims are still open
regarding the at fault party.] In Michigan there is a blank check for
medical expenses. This is very liberally writen & moves right into housing,
transportation, ect. Just about anything that can be directly connected to
the injury can be a justified expense. This of course has led to a large
new medical industry waiting to take advantage of the law. The law's intent
was to provide for situations such as ours. But, just about anybody can
cash in on it to get that paid vacation from work, ect.
The insurance co. has a $250,000 limit on liabilty. After that the co-op
state fund kicks in. This makes sence as this socializes the high end
claims. (a small company may be hit by an unfair amount of these type of
claims, ect. keeps it fair, & makes all the insured pay evenly.) But, this
system really doesn't do a thing to keep the "slugs" out. It just keeps
things a little simpler on who sues who.... maybe.
GG->slugs. Sounds to me like you have one of those claims that
GG->their isn't enough money in the world to fix. I had to
GG->settle one of those once and it bothered me to no end the
GG->length of time it took.
The way things are going, we'll spend all the money in the world for no real
good reason. I now understand why insurance rates are so high. We just
sit in the hospital at over $2000 a day, waiting for high ticket
professionals to make a proposal for housing. We are doing this so the
insuance co. doesn't have to waste any money in over spending for housing.
Sheech........ Makes lots of sence? But, I understand what this is the game
we have to play. I just wish Jill could have this money rather than wasted
at a medical center.
GG->Is your attorney
GG->exploring every possible angle on the daughters injury? Was
GG->this an auto accident? industrial? Defective Product? any
GG->Punitive Aspect i.e. drunk driver or something.
I've had a number of attornies look at this. All of which would love to sue
everyone for us. The accident was caused by a 20 kid who ran a stop sign.
He was uninsured & pennyless, so a tort claim against him would be
fruitless. There may possibly be a defective product suit pending. She was
wearing a lap belt, as her sister sitting next to her was uninjured wearing
3 point harness belt.
GG->to go away and I will; but I'd like to know more.... prayers
GG->in your direction, I assure you.
No problem, and thanks for your concerns.
Ed
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Uucp: ..!{decvax,oliveb}!bunker!hcap!hnews!120!175!Ed.Dobie
Internet: Ed.Dobie@f175.n120.z1.fidonet.orgGabe.Grall@f18.n382.z1.fidonet.org (Gabe Grall) (09/05/90)
Index Number: 10075
[This is from the Chronic Pain Conference on Fidonet]
I've heard about the lap-belt vs 3 point belt thing before. This is the
first case I've heard of with a cervical paralysis. Most of them usually
break the spine in the lumbar area. As to the medical side of this; I saw
something similar one time. The patient was a very old woman who was kept
alive, if you could call it that, for an extremely long time by various
medical machinery. Without getting into a 'quality of life' type of
discussion, I wonder why on earth the family insisted, if indeed they
did. This woman was in her late 80's at the time. I saw the bill when she
finally passed on; over a quarter of a million. The lady I spoke with at
the hospital told me she had a very good health insurance policy that
paid it all. If I was 80 and in that shape, I have filed a 'living will'
that specifically prohibits any 'heroic measures'.
Even in a non-no fault state like Texas, you would still be going against
your own policy here in your instance. Uninsured Motorist. Its the same
type of battle, just going after your own company instead of the company
the other guy should have had. Its bad enough that we have to charge for
the risk we think our drivers are on the road, but now we have to take
into consideration the guys that don't have insurance; that we probably
wouldn't want to insure anyway. This is why so many folks get into such a
lather over insurance. It just seems like a no-win situation anyway you
look at it. I still don't see how our little company makes money. We have
been paying out over $1.07 for every $1 we take in. Thats expenses and
losses. But the investment guys seem to make the numbers work.
If you wouldn't mind, whats the address for Jill's room ? I'd like to
send a card... perhaps others would also.
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Uucp: ..!{decvax,oliveb}!bunker!hcap!hnews!382!18!Gabe.Grall
Internet: Gabe.Grall@f18.n382.z1.fidonet.org