I was in that situation, and the thing to do is to be very careful when speaking with the insurance company. She needs to notify the insurance company that she intends to sue within 90 days. If she does not proceed with a suit, it won't matter, but she needs to notify them that that is her intention, in case she ends up with long term problems.

You're right that she needs to have these injuries documented, and the sooner the better. When I had my accident, the full extent of my injuries were not known for months. Now I've had two surgeries, and may have another. I have limitations in what I can do. Hopefully, she will make a full recovery, but she needs to be prepared if she has long term injuries. She should get a lawyer that specializes in MVA's right away. This government (provincial) raised the deductible for MVA lawsuit settlements, and I think it's now $50,000; meaning out of a $100,000 settlement, you would only get $50,000 before the lawyers get paid. When I had my accident, it was $15,000. Anyway, she needs to leave the door open.

Your friend was indeed lucky. But I'm appalled at the lack of proper medical care she received in the hospital. After an accident like that she should have been thoroughly examined - and you can't do that without removing ALL her clothes. And if I read your post correctly - she had the accident at 6:30 and they let her go home 6 hours later! I'm surprised they didn't at least keep her overnight.

And as for future complications - she might have to sue, but there usually is a one time settlement. If she doesn't like the money that's offered, she'll have to sue. I don't think it's likely that she'll get breast cancer from the car accident though.

I wish her well.

Thank you Susan for the info. I will pass it along to Kathy.

Anne

Don't sign off on anything. Get a lawyer, and get examined again by your own doctor. Sounds like a hurry up exam was done that night. I agree. She should have been kept overnight.
Leslie

Shouldn't there also be pics taken of all her cuts and bruises? I know I watch too many court cases on T.V. but on them, pics seem to help a lot.

I'm so sorry for her and this is so hard on her Mom too.

All the best to her and thank goodness she has a friend like you.
ivamae

Mcmann said Your friend was indeed lucky. But I'm appalled at the lack of proper medical care she received in the hospital. After an accident like that she should have been thoroughly examined - and you can't do that without removing ALL her clothes. And if I read your post correctly - she had the accident at 6:30 and they let her go home 6 hours later! I'm surprised they didn't at least keep her overnight. I totally agree! Did they do x-rays???

I was on the edge of my seat reading your post Cherryfizz. You have such a good way of telling a story. I hope your friend is okay, but I do agree that she should get a lawyer... she doesn't know what kind of medical problems she may have in the future due to this accident.

My brother's car was cut in half (with him in it!) by a train 20 years ago and my 'tough' dad said his knees buckled and he almost fainted when he went and saw the car. It is one thing to hear about it... but a totally different thing to actually see. BTW, my brother is fine. The accident made him stop procrastinating - within 2 years he married his long-time girlfriend and they started a family!

No advice but I am sure glad your friend is going to be ok. As far as everyone knows. She DOES have a guardian angel!

I'm very sorry to hear of your friends accident. She is very lucky to have a friend like you to help her out! Please take lots of pictures of her injuries, every day, to document them and how she heals. All the doctors reports in the world don't compare with seeing the shape your friend was/is in if she needs to go to court. Years ago I had a bad accident & the pictures were what 'sealed the deal'

Many, Many goods thoughts & prays to both of you,
Ginger

We are all shocked that Kathy was released the same night. When I got to the hospital to pick her up she was in the washroom in the waiting room being sick.

Our hospitals are notorious for sending patients home when they really should stay. Kathy's elderly Mom who is on dialysis and is already compromised was sent home after her gall bladder surgery at 2:00 am even after her Doctor requrested a bed for her. My Sister who is a nurse at this same hospital says sometimes it is good you aren't staying because of the amount of infection in the hospital.

Kathy's accident was around 6:30 pm and when she was taken to the hospital by the ambulance she was seen right away and assessed, vitals monitored and her finger was stitched and her wounds bandaged. She then said she waited on the backboard with a neck brace until midnight when they did the x-rays and CT scan. I got the call at 12:30 am after the results were read and Kathy was released when no internal injuries or breakages were found.

I am surprised too that they didn't remove Kathy's clothes to look for other injuries except the ones that were visible. I guess it was because she couldn't be moved while she was still on the board.

I just looked down the street and noticed there was a PT Cruiser in Kathy's Mom's driveway so she must have gotten the rental car.

I am going with her for the drive to see her family Doctor tomrrow. I will give her my camera so he can take pictures of her injuries and we can take them to Wal-Mart and print them ourselves.

Kathy is experiencing waves of nausea. I am sure her brain took a beating and she most likely has some whiplash. I don't think she is out of the woods yet. Kathy is like me and won't take medication unless she really needs it. She finally started to take 1 Percocet at night before she goes to bed. She is sleeping quite a lot also. She doesn't take anything during the day.

I don't think Kathy will sue either but she should. I didn't sue when I broke my knee due to negligence and when I was in my car accident but I have problems 13 years later with my knee and the accident injuries seemed minor at the time but I can't move my neck and my side is numb from where the seat belt hit me. Kathy doesn't know what problems her injuries might cause her in the future.

I am sure her brother and her other friends will advise her not to sign off on anything and to get a lawyer.

Kathy walked down to my house last night and brought me flowers from her Mom's garden. She said she had to get moving and get out of the house instead of just laying on the couch. She's not moving very fast but at least she is moving. LOL

McMann, there is a lot of breast cancer in my immediate family and my Doctor told me that an injury to the breast can cause changes in the ducts and glands and which could possibly cause breast cancer in the future. I always try to protect myself from breast injury ever since he told me that.

Kathy and I grew up together and have always remained friends. Her Mom and Dad were always so good to me and she always told me I should have been her Dad's daughter instead of her. LOL After my Dad died he called me his "adopted" daughter and I took it hard when he died 2 years ago. Kathy's Mom is a dear and because Kathy was working if her Mom needed assistance or just someone to talk I would go down the street. I think I needed her Mom more than her Mom needed help from me. Kathy's Mom just went into an assisted living community last week and I miss having her nearby already. Kathy is now calling me "Nurse Anne" LOLOL I am no nurse I can tell you that. LOL

Thank you for the good wishes and advice.

Anne

Take pictures of both vehicles and get a copy of the police report.
If she hasn't gone to a doctor, she needs to in order that it's documented of her injuries including the ones the hospital missed. Take pictures of her whole body and do some closeups to show the extent of the injury. Keep a note book for records as to date, time, and name of any person she discussed the accident with and what was said - police, wrecker driver, hospital personnel, insurance companies, etc. The notes to not have to be word for word but enough that she will remember. No one else is to discuss the accident on her behalf unless the attorney advises all contacts be referred to them.
Keep records of all care and expense after the accident. If someone from his insurance company calls, explain then she will not sign any waivers or any paperwork to release them from their responsibility. Their client was grossley negligent. She should contact her attorney for his/her advice as the laws are a little crazy in some states.
I wish her the best but document everything.
Lynn

WHOA....what a scary thing to have happen to such a good buddy...I'm so glad you were there for her Anne...

Wow, I'm so sorry for your friend. I too was struck by the lack of attention she received at the hospital. I am wondering, if one makes a fuss about leaving the hospital if it seems too soon, might they keep the person? You say that the hospitals in your area are notorious for this but I always advise friends and relatives to not necessarily accept what they are told at the hospital if they feel it is unwarranted, such as an early release. Not done in a nasty way, just with determination; it often works. These days many insurance companies try to get away with as little as they possibly can, but there's always room for discussion.

Lynn, I tried to take pictures of the Hummer in the towing yard but the kid that was with us prevented me from taking pictures of it. He said he couldn't understand why I couldn't but he said something about the Privacy Law. We are in Ontario, Canada, not the US.

The only person's name she has is the police officer that she talked to. He gave her his card. She was helped at the scene but didn't get names of the passersby who stopped to help.

I just talked to Kathy and passed along the advice given. I think now she will be talking to a lawyer. We are going to take pictures tomrrow. I just have to figure out how to put the date on my camera. Kathy did tell me they did remove some of her clothes and she was in a johnny shirt but they didn't remove her underwear which is why they didn't see that cut. She is just wishing she is not sleeping so much but she is in a good mood and laughing about it all. I told Kathy her family and friends are more tramatized by the accident than she seems to be. LOL

Anne

Your laws would be different. I do think my other suggestions would still be acceptable documentation as evidence.
If a report was made, in the US, peple on the scene are usually listed on the report as a witness. She has the officer's card and perhaps call him and inquire about a report. There may be info in the report as to the other driver's information pertaining to the accident. What caused him to run the red light? He may have stated the cause in the report. Can she remember if any cars were in front of her and went through the green light before her or was she the first vehicle. If she was the first vehicle, they might say she contributed to the accident and did not make sure traffic was clear before she proceeded. I hope she can remember details.
She needs the doctor to indicate present injuries and the probability of future problems physically where there would be future expenses. She also needs documentation of days she could not work from her employer if she works.
Basically she needs records of any changes in her life and expenses as a result of the accident.
Lynn

Holy Hannah!

I think she needs an attorney for her protection. I know we live in a "sue happy" society, but she has a legimate situation!

My prayers and positive thoughts go her way.

One of DHs coworkers was killed instantly last week when someone blew through a stop sign. I'm glad your friend was so blessed.

In the U.S., digital pictures are not accepted in a court of law.
Wishing your friend a speedy and full recovery.

I'm so glad your friend doesn't seem to be seriously hurt. I hope she continues to improve quickly.

My neice was in a bad accident when a truck failed to stop and rammed her from behind. She has had several back surgeries since the accident. The other driver's insurance company offered her a cash settlement. But she was afraid that she'd have more complications later so she rejected the offer and made a counter offer and then started proceedings for a lawsuit. The day they went to court the insurance company offered more money and she accepted. The insurance companies always want to cut their losses and get out of any future problems.

When a patient is injured and can't be moved it's normal for the ER staff to cut away the clothing so that they can properly assess the patient.

Has she requested a copy of the police report? I can understand her desire not to sue but she might consider consulting an attorney just to make sure she protects herself.

I haven't read all of the responses above so sorry if I repeat what has already been said.

Pictures of her injuries are a must. They should be taken right away before the bruising subsides. She should keep a diary of how she is feeling, what she can/can't do. She should see the doctor (continuously if necessary)so her injuries are well documented.

Pictures should be taken of her vehicle. If you can't get pictures of the Hummer, I am quite sure the insurance companies have pics. Also whoever reported the accident, highway patrol, etc., will usually have photos.

She should contact an attorney if she plans on pursuing the matter. Dealing directly with the insurance carrier for the Hummer people will more than likely prove fruitless. She should NOT sign any papers before contacting an attorney.

there is a gaping wound in one of them that she thinks the ER doctors didn't see.

What???

"gaping"? Really?

She's a nurse; did she take that to a doc as soon as she saw it?

I am so happy she is alive, and going to be okay, but why, for the love all that is Holy, didn't the doctors and nurses check her entire body and treat all her wounds?

She should go back to the emergency room and get all her injuries seen to, treated, and documented.

It's attorney time.

Talley-Sue - yes, it was gaping. Kathy was in no condition to assess her wounds for a couple of days. She is fairly big breasted and only found the wound when she was able to take a bath a few days later. I would say the wound is about the size of a dollar coin. I even missed it when she first showed me her chest bruising but I wasn't looking that closely at her breasts just the bruising. The wound is under the breast on the outside. It actually looks like a bullet hole not that I have ever seen an actual bullet hole in someone's body. She is still finding bruises that she didn't know she had.

Kathy did call her Doctor right away but like everything else you have to wait for an appointment which was today. Kathy did tend to her wounds like a nurse would do and she had a fellow nurse come and check her out. She wasn't mortally wounded so she waited to see her doctor.

Kathy went to her family doctor today - he had all the reports from the hospital and he noted again where all of her injuries and bruising was. She has to go back again next week.

I went with her to do some errands today and I could tell Kathy was in pain and asked her where she was feeling it the most. She said her breast and wearing a seatbelt wasn't helping any either. She said she might have to start taking a Percocet during the daytime too because of the pain.

One good thing she wasn't skittish behind the wheel of the rental car. She is a little more wary of the other drivers though.

We weren't out for more than a couple of hours and she had to get home because she was exhausted.

Kathy has nothing but good to say about the people at the hospital and the EMT and police and good samaritans that were on the scene. If I was her I would probably be moaning and groaning but Kathy is not doing that and she is allowing us to help her.

Kathy's insurance company has the police report but when she goes to see the lawyer I am sure he will get a copy.

Anne