I was in my first car accident Sept 2024. My SUV had an uncontrolled acceleration that didn't stop until I hit a sprinter van. No one cared about the uncontrolled acceleration (it's a known but not widespread issue for my truck) and I was deemed at fault. The sprinter driver said she was fine. A few months ago I was given notice that she was filing a PIP claim for low back and hip pain. I just got the formal documents this week.
From what the documents say, her first medical treatment noted is an MRI in Early November. The MRI showed degenerative changes of the lower lumbar spine without significant spinal cord stenosis and multilevel neuroforaminal narrowing. Then nothing until she starts PT in January 2025. Their diagnosis was low back pain and pain in left hip. I will note for any medical billers the diagnosis were Mxx.xx not Sxx.xx which would have suggested they were related to an external cause.
She was in PT until July. The PT cost about $17,000 and they are asking for $80,000 total. My PIP coverage is $30,000 and my only asset is a 10 year old SUV that randomly accelerates and currently has a flat tire 🤣.
My question is, does the time-frame for imaging and treatment seem suspicious? I'll note that she works a physical job for the postal service. The letter doesn't mention any trip to the ER or missed work. There may be context / medical visits missing, but I can't imagine a scenario where her attorney wouldn't include that information. I asked my claims examiner to go through the 180 pages of documents they submitted and she couldn't find any record of any treatment before November. Not even who order the MRI or why they ordered it.
I had a herniated disk last year. It paralyze me from the waist down. From the time the pain started to the time i was in the ER was maybe 2 hours. I had an MRI the same day and ER surgery the next morning. I started PT in less than a week and im still in treatment. This also explains why I have no money if she tried to sue. I was in the hosptial for 13 days and my insurance only paid for the day of my surgery. My experience is at the extreme end of spinal cord injuries but not getting imaging for 2 months then not getting treatment for another 2 months is a red flag to me.
What do you think her chances of success are? Are the delays red flags or could I be missing something?
Posted by SnooCapers1692