- Located in New York
-MVA-8-30-16. Rear ended while at a full stop in traffic. The impact was so hard it threw my car into the back of the suv in front of me so it was a double impact. $2896 worth of car damage.
-Ambulance and police called to the scene. Was encouraged to go in the ambulance because I could barely move my next. I did not go because my 2 kids were with me and I didn't want to scare them any further.
-Went to ER 1 hour later in serious pain. Diagnosed with cervical sprain, herniated disc. I was given a shot for pain, ibuprofen, muscle relaxers and neck brace. ER dr said i needed to get rest, ice, no lifting, follow up with PCP and I must get an MRI in a few weeks
-FIled no fault application
-For the next week I was in excruciated pain, meds from the ER dr was not working. I went to PCP and she immediately ordered an MRI cause I was having severe neck pain and tingling, numbness and weakness in my right arm. MRI revealed a herniated disc and multi level disc bulges. PCP prescribed PT, pain management and more powerful pain meds caure the ER meds wasnot helping the pain at all.
-Had PT from 9-27-16 to 1-14-17. Did not help whatsoever
-Had 2 Epidurals on 10-21-16 and 11-15-16. 1st shot wore off after 2 weeks pain came back like a vengence, 2nd shot lasted one week. PCP reffered me to Neuro because headaches had developed and conservative care wasn't working.
-IME report was done on 12-14-16 and it stopped further PT, Pain management, etc. But I continued treating anyway cause I never treated with a neurosurgeon
-Neurosurgeon did another MRI on 12-27-16 and EMG. No change from 1st MRI and positive evidence of radiculopathy in C6-C7. He recommended ACDF surgery.
-I had surgery on 1-24-17. Its been 86 days since surgery. I feel better but still stiff. I have had 2 post operative appointments and xrays to see if the fusion is healing right. Dr noted on post operative report that I have a "limited range of motion"
-My insurer sent my records to a peer review in feb who said my surgery was medically unnessary. So they didn't pay my neuro surgeon or my lost wages. My dr did write a rebuttal with tones of medical evidence and rationale denying the peer reviewers claim. It was submitted for appeal (not arbitration). To date I'm still waiting to see what happens.
-Medical bills now at 200K. No fault has only paid out $6,400 of 50,000
-No pre exsisting conditons, no gaps in treatment, no other claims for injuries, they accept full liability
-Been out of work for 86 days since surgery.
I am ready to settle the claim and try to get back to some level of a normal life. I did call the at fault drivers company (we have the same insurer) in feb to inform them that I want to open a claim for bodily injury. They did send me there generic authorization but I sent them my own authorization for them to have access to my no fault file. Then they wanted more authorizations for work records, other claims files and any other drs that I treated with despite giving them the no fault file. I sent them seperate authorizations for each but I did put specific dates that pertain to my accident only. I don't want them accessing my entire medical file cause its not there business if we arent in court yet.
My questions: Should I send them the demand letter now or wait until they finish with their investigation/evaluations of my medical records? Can you offer any other advice or tips based on my above details?
Thanks in advance for any help, tips, suggestions, advice.