January 2019 living in Connecticut and drove a friend home in Bronx NY. It was late and I got lost and was hit by a car trying to pass me and turn right before I did. Hit front driver's door, tire area and bumper, and pushed my front passenger side into steel subway girder. Driver got out and gave me his name and number and said he would pay for damages. When I said we should call police he got into his car and sped off. I was terrified as it was late and deserted ad a bad area so I was thrilled that my car was drivable and I started for my moms house in Westchester County. Got lost and ended up with my front tire blowing out. Cab came by I got in and left the car, my phone, my glasses I was such a wreck.
Called my car insurance company State Farm who I had been with for over 10 years and reported the accident and that it was a hit and run. Their adjuster reported my car as totaled and State Farm paid out for the blue book value of my car. I was going through a very stressful time in my life and this incident really shook me up. I started to have terrible pain in my lower back and own my leg and numbness on my right-side. I couldn't sleep at all. At that time I was sober and in recovery from alcohol and drugs for almost ten years, and sober two and a half years from prescription med abuse. I was having some mental health issues at the time and with the accident ,the loss of my vehicle, the physical pain I began experiencing from accident injury's, etc I picked up alcohol one again after so many years abstinent. My physical and mental health went downhill and I ended up in rehab and then in and out of the hospital while in rehab due to medical issues.
After three months I finished treatment and was again living with my sister in Ct. I went to my GP and he had me get an MRI of my spine and nerve conduction tests/ Asa result pf the accident I had spine injury and pain that required me to have a laminetecomy and spinal fusion of my lumber spine.
I got an attorney to work with State Farm in order to get the uninsured vehicle insurance coverage I had with my policy and to ensure coverage of my medical bills. One I retained an attorney State Farm was not on my side in anyway regarding my case or my injuries. They put me through an EUO and began accusing me of fraud initially because I had reported the address of the accident as Old White Plains Road when it had occurred on White Plains Road and I wasn't aware there were two different roads with such similar names. . When the adjusters were evaluating my explanation of the accident it was not consistent with the the terrain of the road I had initially reported it had occurred on. The lawyer for State Farm running the EUO had realized the confusion regarding the incorrect address having been mistakenly reported yet State Farm carried on with their attempt to deny my claim due to fraud. In fact the examination i s so exhaustive and invasive the EUO brought out the many personal issues I struggled with since I was a teenager such as mental health and addiction issues as well as a legal situation I had three years prior to the accident. Shortly after the EUO State Farm informed me they were dropping my auto coverage policy after being a loyal customer for over ten years, They stopped paying all medical bills, and refused to approve my claim for other injuries sustained in the accident. Just prior to State Farm denying my claim I had been evaluated by an orthopaedic surgeon in Greenwich Ct who strongly recommended that I undergo a spinal fusion surgery in order to stabilize my weak and damaged lumbar spine. In order to continue to deny my medical coverage State Farm sent me to their own spine injury specialists. One physician never looked at my MRI and wrote a report indicating that I did not need spinal surgery. The second physician State Farm sent me to actually reported to me during my visit that my MRI showed conclusively that I needed surgery to repair my lumbar spinal damage. Unfortunately, the report from that doctor was never given to my attorney or placed in my file.
My attorney was not interested in fighting for me from the start with my case and never contacted me, never gave me updates about my case, and never even informed me that State Farm denied my claim due to fraud as the outcome of the EUO. I had to be made aware that State Farm had cut off my claim due to getting calls from my surgeon, the hospital, etc that they were not being paid. I was unable to receive follow up treatment from my surgeon or get the required physical therapy treatment I was instructed to complete in order to heal properly. State Farm refused to pay any medical bills and I had massive debts to every dr and I was unable to make payments. My dr would no longer see me for follow up after surgery because he was never paid by State Farm. I have medicare as my health coverage and they made some medical payments, for much less than what was billed. They paid $28,000 for the $160,000 hospital bill from Greenwich hospital for my surgery.
I ultimately had to leave my sister's home where I had lived and worked for eight years. My sister had had a brain injury and a son with aspergers and I basically took care of the house and her son. My sister and her husband paid my expenses, gave me cash and let me live there rent free. I was no longer physically able to do the housework , the shopping , cooking etc and I ended up having to ask my father to help pay for me to live in an assisted living house in New Canaan Ct. In the accident I had also damaged my upper denture plate that I had for years, I still have been unable to afford to have it repaired and fit properly.
Meanwhile in 2021 my attorney asked me for $500.00 in order to take State Farm to court and we needed to pay the filing fee. I gave him a check for that. . In 2022 I moved to Florida with my mom to help her out and to save money. In 2023 my attorney suddenly began to reach out to me and plan for going to court with StateFarmsaid we would be going to court with State Farm in the near future. He also informed me that it was necessary for me to get an exhaustive medical report from an orthopeadic surgeon in Connecticut regarding my medical injuries and treatment from the accident if I hoped to get anything from State Farm at all for medical or from my uninsured vehicle insurance. The physician my attorney recommended I go to charged $1600.00 for the medical report and the money had to be paid upfront before an appointment could be made. I would be traveling to Connecticut from Florida for a half hour appointment. This appointment would require a rental car and accomodations for a night in addition to airfare. I spent over $4000.00 in order to get the doctor's report. My attorney made it clear if I wanted to receive any compensation from State Farm I had to bear this expense.
Shortly after the trip to Connecticut my attorney called to notify me that State Farm agreed to settle for $70,000 and he advised me to take the offer because he felt I wouldn't do any better even if we went to court and I might get less. I followed his advice and accepted through him and then signed the Settlement documents he sent for me to sign. A few days later he told me that I owed medicare $30,000 for medical bills they paid but that should have been paid for by State Farm under my liability coverage. Apparently medicare tried to get payment from State Farm but State Farm appealed it by saying my claim was fraudulent. Ironically when medicare was hounding State Farm and threatening them with interest charges State Farm made the $30,000 payments to medicare.. I even got a statement from state farm at the time representing that they paid out this money and I had no idea what it was about. Shortly after making the payments medicare approved the State Farm appeal to not be held responsible for the payments and medicare then sent State Farm the $30,000 payment back as a refund. This $30,000 is now my debt to medicare which they are going to take from me and the settlement. My attorney gets $25,000, medicare $35,000 ,medicaid $2,000.00 and a pre settlement loan I had took for $2,000 which is now $8800 with the interest
over two years.
I will receive nothing from the settlement when it is finally finished paying out everyone else, although I still owe massive medical bills from my surgery, I never got my denture plate fixed, nor received proper physical therapy after my spine surgery.
My financial position has never recovered from when State Farm suddenly stopped honoring my insurance claim, my medical bills, and my lost income. I realized days after I signed the Settlement agreement and I read it carefully; something my attorney did not instruct me to do nor did for me; that state farm used language in the settlement agreement that still allows them to not admit liability for my accident injuries and any other burdens placed upon me by such.
I do not know where to turn with the horrible treatment I have received from State Farm especially, but from my attorney, and medicare as well. My financial situation is extremely poor and merely paying for food and shelter is week to week for my mom and I . Is there any expectation to receive some protection from being taken advantage of by a system that has so many built in rules that favor power, wealth, and importance and so few that protect the vulnerable.
Desired outcome: I would like State Farm to step up and treat me fairly and pay the medical charges that medicare is expecting me to pay for