Daughter...

[rkayw]

Happy Thursday everyone! Wow...I slept like a rock, I don't think I moved all night. Still feel tired....and my bad back is really mad at me today. It was yelling loud at me yesterday all day but I had no choice but to ignore it, today it is just plain furious at me. My house was ignored the last 3 days and needs some attention, but...the old back says ahem...no ma'am your not doing that!! Oh well...guess other than cooking dinner...it's a sofa and heating pad/ice pak day. It will be fine...just needs some R&R.

Daughter is okay today...as okay as she can be. The swelling appears to be going down some based on the small amt of her toes that we can see with the cast being on. She doesn't seem to be taking as many pain meds as she was, so that too is a good sign imo. Other than getting highly frustrated about the lady that caused the wreck already has a new car & it is pissing her off, otherwise she is doing okay. She just wants this to be over and her life back to normal. Seems she's the one stuck like chuck in this and it wasn't her fault. "So not fair!!!" she says.

edited to add: the mri of her knee done yesterday shows no injury to her knee. YAY!

 

[tmcase]

Hey Kay, this is the first I've seen of this thread. So sorry about your daughters ankle but glad she is doing better today. My heart hurts reading this.

 

[Fudgey]

So glad you got some sleep Great news about her knee!!

 

[keyzygirl]

Im glad shes doing better and her knee is okay.I could judge my pain by how often I took pain pills so its good she has cut back a little.I dont like that the people who cause these things always seem to be perfectly fine,no injuries and get a brand new car.Tell your daughter I dont think its fair either!

 

[tmcase]

How are you doing keyz?

 

[keyzygirl]

Im doing good.Still a little slow but moving ahead,lol.

 

[rkayw]

So glad your doing good Keyz!!

I took a nice nap today...and I still feel sleepy/tired. Sucks being old and not having the stamina reserve that I use to. LOL. My back loved the down time today and isn't yelling at me quite so loud this evening. About to eat dinner and hit the sofa ...prelude to giving my pillow some head again. (sorry, bad joke).

G'night ladies!!

 

[Lisa66]

KAY! I'm shocked!!!

 

[classwife]

ummm.... ok...glad the knee is ok !!! The other woman has a car already ??? Sooooo not right !
Take care of your back !!! You are needed whole right now !

 

[rkayw]

Yes, she has a new car already. We saw her in town the other day. She apologized to my daughter for the wreck and all that but....ugh! She looked good...rested, not a scratch on her, new car with new car tags. All of us are praying for forgiveness in our hearts towards the lady, but it's hard atm.

The ladies insurance totaled my daughters car. Apparently according to Texas auto liability law if they total a car they are not required to even provide her with a rental (per the attorney).

 

[tmcase]

Now that really sucks!

 

[Mary Kay]

I think I would look into that a bit more..there should be something they can do for her!

 

[classwife]

I am furious ! I can imagine you guys....seriously...I really am furious !!!

 

[rkayw]

I think I would look into that a bit more..there should be something they can do for her!

No, not really. The lawyer said she will have to wait until the settlement. That could take months. The lawyer did offer to front a down payment and 2-3 months payment on her another vehicle out of his pocket...but she hasn't made a decision on that yet. Not being able to work and having to have insurance on it and those payments...she doesn't know what to do. We don't understand why SHE should have to buy herself another car...she had a nice one. I don't at all understand how that should be a burden on my daughter. I don't understand how all the $$ she paid on that car in down payment and monthly payments is just lost?? The other ladies insurance paid it off, now it is said to belong to them to sell off for scraps or w/e they decide to do with it. Doesn't make sense does it??

Don't get me wrong...she is VERY thankful that they are all alive. She comments on that almost everyday when she starts to get down or angry. Reminding herself of what she has instead of what she doesn't. Still it is hard though.

 

[Fudgey]

There is something really wrong with this!!! Why should your daughter be the one to have to wait? It wasn't her fault!!!!

 

[rkayw]

I agree! The laws on auto insurance liability in Texas needs a serious overhaul to protect the victims.

It's a given...now that she has a lawyer...that they will be paying for all of the medical expenses...and will have to pay for loss of wages and pain & suffering and for the permanent effects she will have in the mobility of her foot (and possible limp) for the rest of her life. Same for my grandson and his injury and scar. But not for a new car for her.

It also doesn't pay her bills while she can't work and/or until a settlement is reached...lights, rent, groceries, etc. School clothes & school supplies for 2 of the boys. That's all on her to deal with!! The lawyer is helping her some with that out of his pocket, thank goodness!!

 

[Safira]

I have no idea about Texas law, and the lawyer would know best, but does she have rental on her policy. Could she turn to her policy for the rental reimbursement and then have her company go to the other ladies to be reimbursed.

It almost sounds like the other company knows this is going to be a big payout, your daughter was hurt, can't work, and the car is totaled. So they are dragging there feet.

 

[rkayw]

She did not have rental clause on her insurance.

Even if she did, the other ladies insurance accepted liability. My daughters insurance isn't "required" to do anything from that point on. The lawyer doesn't want to address my daughters insurance for anything. IDK why exactly but he insists not to. This is all he does...injury lawyer.

 

[tmcase]

Maybe you should talk to another lawyer. Just a thought.

 

[rkayw]

We did think about that.

Fact is...she can't drive even if she had 5 cars sitting out there. She won't be able to drive for another 6-8 weeks, at least.

It's just the principle of seeing the other driver with a brand new car already, getting on comfortably with her daily life like nothing happened. Maybe the other lady had the financial means to go out and get another new car right away. IDK. If that's the case...maybe my daughter should seek a additional law suit...against the lady herself, not just her insurance company.