[quote]Fat Bastard. wrote:
Firstly, calling her my girlfriend may be misleading. We have been together for 9 years (since high school), through good and bad phases of life. We are getting married sometime, just waiting for the right time.
So, she was in the back seat of a car, and the driver lost control of the car while getting off the highway. She broke off her right arm and left leg clean, and needed surgery to fix them together with metal plates (she had the surgery today). She is in terrible pain when she wakes up till she gets the morphine and then she can sleep. It really hurts to even look at her. I thought you guys might be able to answer a few questions for me:
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Those of you unfortunate enough to have had a similar experience/know someone who did - how long does the pain last?
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Are there any permanent effects? Like, will she be able to run normally after, say, an year? The doctor says “physically” she should be able to, but pain etc depends on the person.
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How does the auto insurance work? We live in different states, and I am a poor graduate student. While I am not interested in making money off it, can I get reimbursed for the flight tickets etc for me to fly in a few times, take care of her in case it comes down to being that low on cash? (we have no family in this country. We live alone @ our places). His insurance is anyway fucked up as this would be the second accident in as many months. First was a comprehensive claim. I dont think it would make a difference to the shafting he is going to get.
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How do you deal with the entire incident? I dont think it is the fault of the driver, but c’mon, you are a dick who should not be on the road if you cant get the car off a ramp. But then again, it is an accident, not that he wanted it to happen. (he just had a small bruise). I know it is not his fault… Dredging it up does no good… But it frustrates me.
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Anything else that might help.
/ rant. Haven’t slept in 2 days +, I probably shouldn’t be posting this.[/quote]
I have considerable experience with some of this so I’ll try to help.
First, I’m sorry to hear the terrible news. Thankfully she is alive.
Your medical questions cannot be answered here. You have only very broadly described her injuries and everyone heals differently. One thing in her favor is she is young (assuming from your post). Anything beyond that would be speculation. Bones heal. Instrumentation can be problematic over the long term and may or may not be permanent and/or require removal. Her pain will fade from it’s peak now, that’s just the process of healing. That does not rule out chronic pain in the future and it does not rule out a complete recovery.
Now to my area of expertise.
The auto insurance will not pay for your flights or expense.
It is the driver’s fault. She is an innocent passenger. Assuming she was belted, she is 100% free from any negligence. If she was unbelted, depending on the state, the at-fault party could argue that her injuries would not have been as severe had she been belted. This would potentially reduce any award to her.
The driver is absolutely responsible. You have an absolute duty to maintain control of your vehicle. He did not. Start consulting with a lawyer. If the driver has the minimum state limits and no other insurance is available (UM, UIM) you may want to consider attempting recovery by yourselves rather than carve up a minimum policy with a third going to an attorney.
Or, you could try to negotiate a smaller fee depending on the limit available. The point I’m making is that based on her injuries and the clear liability, if the driver has a 25k liability limit for instance, the insurance carrier will happily write that check shortly once they get all the information and confirmation of your GFs injuries. That said, at least consult an attorney.
Oh, and again, it is his fault. There is no defense to what you described. And it’s not personal, you’re dealing with his insurance company.
Good luck and keep us posted as you get more information. I will be happy to respond.