My girlfriend had neck surgery about 2 years ago ( she had 5 disc's fused) the recovery time was about 9 month's before the doctor would sign off so she could go back to work, She survived on disability and family during this time. About 1 yr ago she was involved in a fender bender in a store parking lot...( guy was backing out of a parking spot and backed right into her right side front) There is a police report stating what happened and who was at fault, (the guy). later on that night she started getting severe pain in her neck. The next morning she went to the emergency room and they took xrays and gave her some pain medicine and said that her neck was inflamed and to make an appointment with her doctor. to make a long story shorter....after having 2 injections in her neck to help ease the pain and to pinpoint the problem, her doctor is about to scheduled another surgery to repair 2 broken fusion's that happened when she was backed into. Her doctor has said that this damaged to her neck occured at the time of the accident. While the guys insurance company has taken care of the bills under(nofault)now they are denying her claim for the surgery and compensation for the recovery time. After having a discussion with a lawyer who says we have a good case,he stated that the doctor will not testify in court unless he is paid ($10.000) upfront. Can you guy's believe it? Honest to god that is what the lawyer said. He said he has delt with this doctor before and that is the way it is with him. Has anybody ever heard of such a thing? and not having that kind of money laying around what if anything can she do. Maybe take it up with the ethic's commission or ???...All she wants is the claims/bills paid with some type of compensation for the recovery time, just wants everything in order in case of future problems down the line. and it kinda looks like the (system so to speak) is pushing her towards trying to go for so called BIG MONEY right from the get go, and thats the end of it.
Never heard of such a thing and seeking advice
- Thread starter kkat
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If it's no fault, doesn't her insurance cover it? That's how our no-fault medical worked when we had it in CO. According to this, if she's in NY, her auto insurance already carries $50,000 in personal injury protection (ie no-fault) and you can not sue.
http://www.autoinsuranceindepth.com/auto-insurance-New-York.html
That's why I like no-fault medical in auto insurance. We used to have it but everyone [censored] and moaned about the cost.
Now they are really complaining about the cost of having to either get medical insurance once and for all (and have supplements for auto injuries) or to buy PIP protection. It was cheaper under the old system, at least for people that want medical coverage in an accident.
http://www.autoinsuranceindepth.com/auto-insurance-New-York.html
That's why I like no-fault medical in auto insurance. We used to have it but everyone [censored] and moaned about the cost.
Now they are really complaining about the cost of having to either get medical insurance once and for all (and have supplements for auto injuries) or to buy PIP protection. It was cheaper under the old system, at least for people that want medical coverage in an accident.
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With the police report stating the the other guy was at fault, her insurance company is submitting all claims to his carrier,
Her policy carries $50,000 in medical coverage FOR HER. That's what no fault is.
Straight from that link: "basic PIP coverage is required in the amount of $50,000. This policy is also called no fault insurance, because, in the event of an accident, it helps pay for the cost of your injuries, regardless of who was at fault for the accident."
Straight from that link: "basic PIP coverage is required in the amount of $50,000. This policy is also called no fault insurance, because, in the event of an accident, it helps pay for the cost of your injuries, regardless of who was at fault for the accident."
Now that maybe the ceiling has been met, the guys insurance is refusing to pay for the operation and recovery time. Its not a small amount, we are talking big dollars just for the operation, not counting maybe up to 9 months of lost wage's for the recovery time plus all the therepy etc,etc,etc. she has not touched her own ( nofault ) and does not want to just for the reasons you stated and from advice from a lawyer,She has been thinking of possible problems down the future and not a (see what we can get out of them scenerio)While the possibilty of some decent quick money might sound good, the poor girl has been living with pain that brings tears to her eyes at any given time and days/nights of where she cannot work or even sleep. if the operation is not a success (there is no guarrentee), she would like to have/keep the option open to maybe take the matter further. I dont know maybe the doctor is really trying to tell her something by asking for $$$$ before he commits to testifieing. I know his time is valuable but.....
Might be time to get a second opinion/doctor. Wish her the best. What she is going through is not fun. Been there done that.
Pretty common down here.
Better half ruptured her knee on stage nearly 7 years ago. The surgeon was asked to provide a report into the injuries being consistent with witnesses description of the injury...$1,800. Barrister to review the documentation $800. ROI zero.
Better half ruptured her knee on stage nearly 7 years ago. The surgeon was asked to provide a report into the injuries being consistent with witnesses description of the injury...$1,800. Barrister to review the documentation $800. ROI zero.
Cost for an expert fire investigator to give testimony in an insurance case I was involved in-TWELVE THOUSAND DOLLARS. And that wasn't even before a jury.
But it paid off. As the trustee for a family who had lost a loved one I had the pleasure of handing them a check for $1.5 million dollars when it all was over.
I wouldn't move to a no fault state for all the tea in China.
But it paid off. As the trustee for a family who had lost a loved one I had the pleasure of handing them a check for $1.5 million dollars when it all was over.
I wouldn't move to a no fault state for all the tea in China.
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