Tort Reform

[Cruisingdad]

I want to make a quick comment here about Tort Reform. It was mentioned in my whinning thread, and I have read it here many other times.

Let me tell you that before my wife's accident, I was all for it.

What we hear: Some 80 year old lady gets hit by a car and gets 1,000,000. Lives in the carribean and lives great from them on... blah, blah, blah.

Let me tell you the reality - cuz there may be people that abuse the system. THree always will be. But the reality is that the Tort Refrom May or May Not (most likely not) lower your rates and put more money back on the "good" side of peoples lives. But if you or someone in your family is seriuosly injured in a car accident, you will curse those reforms.

My wife and 3 year old were struck by an 18 wheeler at 60mph in the rear (and they were at a dead stop). It was a miracle they even survived (of which I am very glad). They went by ambulance straight to the ER, etc and we worked hard to get them better. That was almost exactly a year ago.

Now, here is the reality:

When you or someone you love is hurt like that, the first question your PCP (Primary Care Physician), ER, Insurance, Rehab, Ambulance Driver, etc all want to know is if it was a car accident. Guess what... if it is many (MANY) of them want NOTHING to do with you. Go somewhere else. Why? Because it may take YEARS for them to ever see a red cent. And the money that they (your insurance company) does pay you will be billed for at settlement. But as many of you know, a visit in the ER and ride in the hospital, etc is VERY expensive. Thank God they covered some of it and we had a lot of money ready to go cruising that we could dip into. But that was not enough and here I am, typing this, instead of out there in my boat in the carribean. Oh yeah, forgot to mention, but when something like that happens, they only negotiate for the time the person(s) HURT are off... not the countless weeks/months you have had to spend to get them better. In essence, I get nothing for my time (which was absolutely neccessary). Oh yeah, another interesting point - kids hardly get any monetary refund.

In the end, the insurance company wants to settle for an amount LESS than what even the doc bills are. Yes, you heard me right. Unbelieveable, huh? WHy??? Because they WANT TO PLAY THE COURT CARD NOW. WHen you go to court, your lawyer gets 33% of everything. AND, READ VERY CLOSELY, THEY HAVE A TRUMP CARD...

TORT REFORM... POOR US...

Not only will you not "make money" (best words I can use) out of this, you WILL LOSE LOTS, and LOTS of money. After the settlements, any monies you got out of the deal you will be paying right back to reimburse any costs the insurance companies have paid out. This is AFTER the lawyer gets 25%. And we have already signed a release with the ER and hospitals to pay for their services at the time of settlement.

Nah, I am totally against Tort Reform. It only benefits insurance companies and those that have not been hurt... yet. If it was sooo bad, how come they still post billion dollar profits? Eh??

Think folks, it was the insurance companies pushing that through to save a buck. THey used the people who abused the system and likely some campaighn contributions to make more money. Anything ever happens to you or your family, you will hate them.

Incidentally, we will be dealing with Kris' injury the rest of her life - and it will get worse over time. No way we will ever get money for that - and once you settle, they do not pay another penny no matter what. Does that not sound so bad? Well, ever heard of a previous conditions clause??? YOUR insurance company has.

I am still blessed enough to say, "Thank God they are alive." FOr that, I am truly thankful.

- CD

PS - "State Farm recorded a net profit of $3.24 billion in 2005 on revenue of about $60 billion..." (MSNBC)

[bestfriend]

Originally Posted by Cruisingdad

Nah, I am totally against Tort Reform.

How about Tart Reform? Just trying to cheer you up. As much as I hate to say it, its times like these that I would get a lawyer and sue the pants off everybody involved. I was forced to do it after an accident that, like yours, was completely not my fault. The people(company) at fault and the insurance companies were not going to do anything. I walked into the lawyers office and handed everything over. It was a small case and they settled about a year later, but at least its over and I got everything paid off. I didn't make any money off it, and I didn't want too, didn't care how much the lawyer made. I just decided it was best to let them all play their little games together while I went on with my life. Its sad that America has to work like this.

[Cruisingdad]

Originally Posted by bestfriend

How about Tart Reform? Just trying to cheer you up. As much as I hate to say it, its times like these that I would get a lawyer and sue the pants off everybody involved. I was forced to do it after an accident that, like yours, was completely not my fault. The people(company) at fault and the insurance companies were not going to do anything. I walked into the lawyers office and handed everything over. It was a small case and they settled about a year later, but at least its over and I got everything paid off. I didn't make any money off it, and I didn't want too, didn't care how much the lawyer made. I just decided it was best to let them all play their little games together while I went on with my life. Its sad that America has to work like this.

Got a lawyer, Bob. Actually, one of the best. Luckily my sister's father-in-law owns a large law firm that specializes in these cases (but represents the insurance companies) so he gave me a lot of great advice and got one of his biggest opponents to take me on. The guy has been great and saved me more than I can count - including the hospital and Ambulance and some PT that wanted their money NOW - not after settlement (as our insurance company would not pay).

It is all a game, you are right.

[bestfriend]

I kinda figured you had one already. I hope it gets resolved in your favor soon. Go sailing, de-stress.

[Cruisingdad]

Nah, I am not stressed. We are over it. I am not even whinning (smile). I don't care anymore. I am just the voice of reality here. Tort reform was nothing more than graft. 99% of Americans will never know the difference. I feel sorry for the ones that do and do not have some (no, a lot) of savings.

- CD

[PBzeer]

I'm no expert, but I don't really think tort reform is about these kinds of situations. It has more to do with class action and individual suits against deep pocket companies.

Insurance companies know that most people do not have the money to stand up to them. That's why they make settlements so hard to arrive at, no matter what the legal rights of the individual. It's like trying to fight the government.

To me, insurance, as it is practiced in the US, is nothing but a scam. The Insurance Companies hold all the cards, leaving people stuck with having to have it, and then doing their best not to pay valid claims. Or settle them for pennies on the dollar.

[Cruisingdad]

Originally Posted by PBzeer

I'm no expert, but I don't really think tort reform is about these kinds of situations. It has more to do with class action and individual suits against deep pocket companies.

Insurance companies know that most people do not have the money to stand up to them. That's why they make settlements so hard to arrive at, no matter what the legal rights of the individual. It's like trying to fight the government.

To me, insurance, as it is practiced in the US, is nothing but a scam. The Insurance Companies hold all the cards, leaving people stuck with having to have it, and then doing their best not to pay valid claims. Or settle them for pennies on the dollar.

I'll tell you John, it is a mess. Here is one interesting example. If you wreck your car and do not have gap insurance, you are screwed. The insurance company admitted fault. They paid for her car... what blue book was, and not a penny more. Guess what, most people have more into their cars than blue book! Tough luck if you do. You have to cough up the diffference, right then so they can send it to auction (basically to the junk yard). And the real catch is that YOU CANNOT SUE THEM FOR THE DIFFERENCE. My lawyer told me to just eat it and that we could not put that in the settlement.

That was just the beginning of the thousands and thousands I would go out of pocket in this.

Interesting, huh?

- CD

[sailingdog]

I can understand where you're coming from CD... I was the victim of two different car accidents, one directly, and one indirectly, both of which have affected me for life. Suing wasn't really an option in either case, since in one the damage wasn't discovered until it was too late to sue, and it the other, the driver wasn't insured and didn't have any financial means to speak of. Unfortunately, the insurance companies are pretty much able to as they please most of the time.

Tort reform in this country would be a good thing. If the loser (or their law firm) of a case had to pay the court costs of the winners, I can pretty much guarantee most of the nuisance suits and frivolous lawsuits would go away overnight.

Unfortunately, businesses seem to have a lot more rights than the people. Look at Identity Theft. Let's call it what it is--Fraud. It ain't identity theft... if the banks did their proper due diligence in making sure that "John Doe" who was applying for the $25,000 credit card or line of credit actually was "John Doe"...then it wouldn't be problem. If the banks and credit card companies were forced to prove that "John Doe" who signed the paper work was the "John Doe" they had the financial information and creditworthiness to get the financing, then they'd be a lot more careful.

Actually, there's a small thing banks could do to make most of the basic credit card and identity theft-based fraud go away. But they're not willing to, since they like to get the fees and the money that even fraudulent accounts give them.

[T34C]

When you or someone you love is hurt like that, the first question your PCP (Primary Care Physician), ER, Insurance, Rehab, Ambulance Driver, etc all want to know is if it was a car accident. Guess what... if it is many (MANY) of them want NOTHING to do with you. Go somewhere else.

CD- Were you actually refused care by any of these?

Tort reform can take on many aspects. Generally as it applies to health care, it in an effort reduce the number of cases as well as the total $ amounts of cases against Dr's, ie... malpractice claims. I would consider this different from other personal injury claims that don't have such a direct impact on the health care industry.

[Cruisingdad]

Originally Posted by T34C

When you or someone you love is hurt like that, the first question your PCP (Primary Care Physician), ER, Insurance, Rehab, Ambulance Driver, etc all want to know is if it was a car accident. Guess what... if it is many (MANY) of them want NOTHING to do with you. Go somewhere else.

CD- Were you actually refused care by any of these?

Tort reform can take on many aspects. Generally as it applies to health care, it in an effort reduce the number of cases as well as the total $ amounts of cases against Dr's, ie... malpractice claims. I would consider this different from other personal injury claims that don't have such a direct impact on the health care industry.

Yes. Not our PCP... she is a friend. Got the feeling if she was not, the outcome mught have been different.

There are PT's that flat will not take car accidents. Why? They never get paid. The specialist we went to does take them (the surgeon), but I was told others do not. They ask you on the form when you go to register.

The impact on the personal injury is extraordinary. I cannot attest for the other as I have had no direct involvement.

- CD