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Being involved in a car accident is a frightening experience. When you suffer broken bones (tibia, fibula, femur, collarbone, arm, leg, back, hand, or neck), the situation becomes even more overwhelming. The long-term effects of these injuries can be serious. This is why it is important to know how to protect your health, rights, and financial future.
Most car accident victims with broken bone injuries make costly mistakes simply because they don't know the rules. Here's what you need to know to avoid financial devastation after your crash.
The Early Settlement Trap
A common tactic that insurance companies use is to offer you money right after a crash. They do this before you know how badly you are hurt. This is one of the most damaging trap you can fall into.
Do not even consider discussing settlement with the insurance company for the other driver until you are out of the hospital and have finished treatment for your injuries.
If you accept an early offer and sign settlement documents, you can be stuck with that amount. Even worse, you could end up having to pay the entire settlement back to your health insurance. If your health insurance pays for your medical bills caused by the car accident, you are required to pay them back from your recovery.
Understanding Subrogation and Your Health Insurance
This repayment requirement is called subrogation, and all health insurance policies have a provision stating you must reimburse them. However, there are some protections available depending on the type of health insurance plan you have.
If your health insurance plan is not a self-funded ERISA plan, Iowa laws can help protect you. If you do not fully recover your costs from the at-fault driver, your health insurance cannot recover fully either.
The ERISA Plan Problem
If your plan is a self-funded ERISA plan, which is very common if you work for a company that has 500 or more employees, then federal laws apply. These plans have much stricter requirements.
If you settle your case without reaching an agreement with your ERISA plan first, you may have breached your insurance contract. Regardless of how much or little compensation the at-fault driver's insurance company paid you, you may end up paying all of that money back to the ERISA plan.
Experienced attorneys have specific strategies to help clients get the most recovery in these cases. Trying to handle ERISA requirements alone can lead to losing your entire settlement.
Critical Mistake: Letting Providers Bill the Wrong Insurance
Car accident victims often think they should have the hospital and medical providers bill the insurance company for the other driver directly. This is a bad idea for several reasons.
The insurance company for the other driver may ask you to send them your medical bills, but this does not mean they will pay them. This is an insurance company tactic designed to put more pressure on you to settle when your bills remain unpaid and you start receiving collections calls and letters.
Why You Should Use Your Health Insurance First
If you have health insurance, it is best to provide your health insurance information to all medical providers and ask them to bill your health insurance.
Some hospitals and medical providers will tell you they cannot bill your health insurance if there is an auto accident. This is simply not true.
This is a tactic they use to try to be paid the full bill. For example, if the hospital charges $50,000 for your treatment to fix your broken bones, they would like to be paid the full $50,000 instead of the contractual amount they previously agreed upon with your health insurance company, which is likely close to $10,000.
Why is this important? For many reasons, including that under Iowa law the minimum car insurance liability coverage is only $20,000. If the other driver has minimum or low limits, you could end up owing money towards your medical bills after the insurance has been paid.
If you have an attorney involved, the health insurance repayment amount is can be negotiated to a discounted amount, putting more money in your pocket.
Strategic Use of Medical Payments Coverage
If you have car insurance with medical payments coverage, it is best to wait and use this coverage for your copays and deductibles after your health insurance has paid your medical bills. The amount of medical payment coverage varies greatly depending on how much you purchased, but it usually ranges from $1,000 to $10,000.
Some medical providers and health insurance companies will insist that you use your medical payments coverage first, but it is not the best idea for maximizing your recovery.
Understanding Your Uninsured and Underinsured Motorist Coverage
If you purchased a car insurance policy, there us a chance you have UM (uninsured motorist) and UIM (underinsured motorist) insurance coverage.
UM is coverage that compensates you for your personal injuries, medical bills, lost wages, and other damages up to the amount of your policy limit if the other driver has no insurance at all.
UIM is the coverage that provides you with compensation if your injuries and damages exceed the amount of coverage that the other driver has.
For example, if you sustained broken bones, required surgeries, and your health insurance has paid $25,000 for your medical bills, but the other driver only has a $20,000 insurance policy limit, then you would want to bring a UIM claim to recover your full damages.
Keep in mind that there are legal requirements in bringing a UIM claim, including getting your insurance company's approval before settling with the other driver. Failure to follow these procedures can result in losing this valuable coverage.
Common Types of Broken Bones From Car Accidents
Car accidents can cause various types of fractures, each with its own challenges and recovery requirements.
Fibula Fractures
A car accident can place excessive stress on an ankle joint. This may occur if an object strikes the ankle, the ankle becomes crushed, or the driver's or passenger's foot slams against the floor of the vehicle. The ankle is composed of three bones: the fibula, the tibia, and the talus.
The fibula is the smaller bone of the lower leg. When a fibula fracture occurs, it's often referred to as simply a broken ankle. Symptoms of a broken ankle include severe pain, bruising, swelling, tenderness, obvious deforming where the ankle is visibly out of place, and inability to put any weight on the ankle.
Tibia Fractures
The tibia is the name of the shinbone and is one of two bones that make up the lower leg. A tibia fracture can happen when a high-energy collision occurs, putting extreme pressure on the tibia.
Car crashes are one of the more common causes of tibia fractures and typically result in comminuted fractures, where the bone is shattered into multiple pieces.
Sometimes, a tibia fracture is easy to diagnose by visible deformity alone. One leg make appear to be shorter than the other. To confirm a suspected tibia fracture, a physical exam is necessary as is an X-ray or CT scan. These imaging tests are essential for determining the type of break and where in the tibia the fracture occurred.
Diagnosing Broken Bones From Car Accidents
The first step in diagnosing a fracture will be a physical examination. A doctor will most likely use imaging tests to determine where the fracture occurred, as well as the severity of the fracture. Doctors may also use a stress test to diagnose certain fractures.
X-rays and CT scans are essential for determining the type of break and where in the bone the fracture occurred. Once a medical professional has officially diagnosed the fracture, treatment will begin.
Treatment Options for Broken Bones
Depending upon the extent of the fracture, doctors may pursue either surgical or nonsurgical treatment options.
Non-Surgical Treatment
Non-surgical treatment will typically require the use of a cast or brace for immobilization, as well as rest for several weeks. During this period, the patient should not put any weight on the affected area. The patient may thus be unable to perform normal work duties.
In clean breaks with little bone displacement, doctors may utilize non-surgical treatments such as splints, casts, and braces.
Surgical Treatment
For more severe fractures with open wounds or a lot of displacement, surgery may be necessary. Surgery can include the use of intramedullary nailing, plates and screws, and external fixation with pins and screws on the outside of the body.
With open fractures, secondary surgeries may be needed. Open fractures, in which the bone fragments are displaced enough to exit the skin, typically sustain greater injury and are at increased risk for infection. This may stall or prevent healing. These fractures are more likely to require secondary surgical procedures.
Serious Complications From Broken Bones
There are quite a few serious complications that can occur with broken bone injuries from car accidents, including:
- The bone does not align or heal properly
- Infection
- Damage to the nerves or veins
- Blood clots
Diagnosing and treating fractures can cost thousands of dollars, especially for victims without adequate health insurance. However, it is possible to recover all medical expenses by filing a claim for damages.
The Recovery Process
After surgery has been performed, patients will most likely require four months or more, depending upon the extent of the injury, to fully heal. During this time, it is highly likely physical therapy treatment will be prescribed.
Additionally, it is unlikely the patient will be able to put any weight on the affected leg, impairing their ability to engage in normal activities or even perform work in many cases.
Oftentimes, a person also is coping with post-traumatic stress disorder from the car accident during this time period.
What Damages Can You Recover?
If you suffer injuries in a car accident, you may have grounds to recover compensation for your damages. If another party caused your wreck, your primary means of recovering damages is by filing a liability claim. If you cannot recover a fair settlement in an insurance claim, you may file a lawsuit.
In filing a claim for damages, a victim who has suffered from broken bones can recover all types of damages suffered, including:
Economic Damages
- Medical bills for all treatment, including emergency room visits, surgery, hospitalization, physical therapy, and medical equipment
- Lost wages for time unable to work during recovery
- Future medical expenses if ongoing treatment is required
Non-Economic Damages
- Pain and suffering from the injury itself
- Emotional trauma and mental anguish
- Depression and anxiety resulting from the accident and injuries
- Loss of quality of life
Proving Your Car Accident Claim
To recover damages for broken bones in a car accident, the victim will have to prove that the at-fault driver was doing something negligent at the time of the accident and that this negligent action caused the crash.
Furthermore, the victim also will have to prove all damages for which compensation is being sought were the direct result of the accident, and not another unrelated event. For instance, you cannot already have been suffering from depression if compensation for depression is sought.
The time limit for filing a claim is two years under Iowa law. The statute of limitations for a personal injury case is two years from the date of the injury, so don't delay in taking action.
How an Attorney can Help
If you or a loved one broke a bone from a car accident, you probably have other questions and concerns. The reality is that navigating insurance claims, subrogation requirements, ERISA plans, and UM/UIM coverage is complex and overwhelming, especially while you're trying to recover from painful injuries.
An experienced car accident attorney can:
- Ensure you don't settle too early before understanding the full extent of your injuries
- Handle all communications with insurance companies so you avoid statements that could harm your claim
- Make sure medical providers bill the correct insurance to maximize your recovery
- Negotiate reduced repayment amounts with health insurance companies
- Navigate ERISA plan requirements to protect your settlement
- Identify and pursue all available insurance coverage, including UM and UIM policies
- Accurately value your claim to ensure you receive full compensation for all damages
- File your lawsuit before the two-year statute of limitations expires
There is no cost or obligation to speak with a qualified car accident attorney. Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless you recover compensation.
Take Action to Protect Your Rights
The actions you take after your car accident can mean the difference between full compensation and financial devastation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies. That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.
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