Minor auto accident injury experiences? I'd appreciate feedback!

[Figit090]

EDIT for recent events:

I'm finally healed and settled on the lawsuit I ended up filing against the party at fault, to get their insurance to pay up. Ironically their insurance company is the major owner of my subsidiary insurance company...so I had to fight one side with evidence of no foulplay from MY side of the same...damn...company. My insurance paid up to heal me, the other side of the company said that I had unwarranted and excessive treatment. BULLSHIT.

That's how fucked up car insurance companies are!

See post #12 for my thanks and resolution

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Anyone care to give me advice?

I was recently in a minor auto accident which tweaked my neck. Nothing really serious like airbags and broken bones, it was a side impact that likely just did some soft tissue damage, but I've been seeing a chiropractor for it. I'm told that it's likely muscles in spasm and I just need a few weeks of therapy. I wasn't going to get treatment but when I went a few weeks and still had pain in my neck when bending it, and only on one side...

Ok, so the party at fault has X Insurance, I'll leave the name out for now. Initially they wanted me to settle saying it was a fairly minor accident and they'd pay for a few doc visits and some money for "pain and suffering" or however you say it.

Well I went to a chiropractor because the initial doctors appointment with my family doc didn't help and I wanted a second opinion. The chiropractor came recommended to me and sounded like a good idea. I've been getting treatment for a few appointments and X Insurance has followed up and maintained that they will likely not pay for much of the treatment due to the fact the accident was minor.

Now...should I get an attorney? I don't want to sign off on anything because my neck still hurts, but if I keep going to treatment I'm not sure what X Insurance will do.
I went ahead and emailed a few local attorneys to see what they would say but I wanted to see if anyone on here had first hand experience with a lower severity claim that still racked up bills but was considered almost mute by the insurance company.

 

[DreamerTheresa]

Do NOT sign off on anything until your treatment is over.

I didn't use an attorney for my wreck a few years ago. I had several chiropractic visits and massages to fix the damage - a couple months' worth. Document EVERYTHING. Lost wages, pain, time traveled to and from chiro - ANYTHING related to anything caused by the accident.

General rule I read and was told that once that's all tallied, and you're no longer in pain, demand 3x expenses (damage to vehicle, doctor visits, meds, lost wages, etc), settle for 2x expenses. You're going to haggle back and forth before they'll cut you a check. It sucks and it's stressful and I'm sorry you're dealing with that shit.

 

[te72]

What DT said above. Keep in mind, it's in their best interest to pay as little as possible. Don't let them bully you around.

 

[Figit090]

Do NOT sign off on anything until your treatment is over.

I didn't use an attorney for my wreck a few years ago. I had several chiropractic visits and massages to fix the damage - a couple months' worth. Document EVERYTHING. Lost wages, pain, time traveled to and from chiro - ANYTHING related to anything caused by the accident.

General rule I read and was told that once that's all tallied, and you're no longer in pain, demand 3x expenses (damage to vehicle, doctor visits, meds, lost wages, etc), settle for 2x expenses. You're going to haggle back and forth before they'll cut you a check. It sucks and it's stressful and I'm sorry you're dealing with that shit.

Thank you for the tips, Theresa. I've made a calendar with details pertaining to everything from doc visits to adjuster phone calls and my own thoughts and feelings as I go along so I don't have to remember (and inevitably forget) what went on.

Did a lawyer tell you the 3x settle for 2x expenses? How did that work for you, assuming you did that?

Thanks for your kind words. Thankfully it was not my car but it does suck that such a "minor" (to quote the car insurance company) accident leaving me shaken but not in pain the day it happened would cause so much stress and continued neck pain even now. The accident was over a month and half ago. That day I woke up like I slept horribly wrong.. and now I know what delayed whiplash is like--annoying as fuck.

What DT said above. Keep in mind, it's in their best interest to pay as little as possible. Don't let them bully you around.

I'm trying to keep that in mind, thanks man. When the adjuster said that chiropractors were in business to make money I SHOULD have said "well...so are you.."

I think I should try and keep my cool, but I don't want to be soft either. I feel like I'm going to get ripped a new one if I'm not careful...I'm slowly learning how things work and a basic medical release has me nervous. I find it odd that I have to sign something to let the insurance company ask for info pertaining to me from...pretty much anyone, I think...? I need to read it again. Sounded like just medical info from docs but then had a few words that sounded like they could call anyone from my cousin to my employers.



I have contacted a few attorneys for legal advice and naturally they will want money but at the least I will be able to find out what they think about my case and if they feel that it is worth fighting (from their perspective at least, I'll have to consider losses which I hear is 30% of that left after payments to medical bills)

I may also put this on my private insurance but I want the party at fault insurance to take the fall...not my own. plus copay would suck...perhaps not as much as fighting would though...we'll see I guess

 

[te72]

Everyone is in business to make money.

Also, they have probably had a lot more fraud claims to deal with in recent years, hence the desire for information. They don't want to see you doing gymnastics if you're in such pain...

 

[Figit090]

that's true, claims used to pay out even more than they do now, it used to be 3x medical +10%...not anymore.

 

[DreamerTheresa]

Beware ANYONE who says they are NOT in business to make money. That "doing it for the good of the community" line is bad news.

 

[Numba1Stuna]

I have to agree with all the above info. I was parked at a red light and an Econovan E-150 slammed into the back of me. I had a 97 Z 24 that was totaled. I demanded the kbb value and got it after a month or two. But the personal injury took over a year to get paid for. Document everything! If they are not willing to give enough money to cover xrays, chiropractic visits, wage loss, travel, and any other expense incurred plus AT LEAST a thousand more, then let them know that you are now considering getting an attorney and have several appointments to meet with them. They may not call back for a while, but don't ever come down from that figure. In fact you should add 2k to the number you really want to see and haggle down from there. For the record, I got $3500 for the car being totaled, bought it back for $500, then got 3k for injuries, and resold the car for $2800 after doing a little work to it Payday!

Sent from my LG-P999 using Tapatalk 2

 

[te72]

Eh, not as if I like making money from misfortune, but sometimes these things work out pretty decently in the long run. I also had a Cavalier a long time ago. Car got T-boned by a high school kid (probably totalled his car from looking at it, brand new Focus at the time, his car was like 3 days new to them haha), and the insurance ended up paying me something like $2200 for the car. If I'm not mistaken, I think I only paid like $2000, drove the piss out of it for 5 years, did the maintenance on it, and made a couple hundred in the long run.

 

[Figit090]

Thanks for all the help and advice so far everyone, my neck is feeling lots better and I asked the insurance company for a less intrusive medical release form that hopefully doesn't say that they can ask pretty much any group about any of my medical and/or non-medical history. Yes I can revoke it at any time but sheesh, I'd rather them be more specific unless we have to go to court. The adjuster said I could send the records myself but I feel like that might be more involved. I don't have any crazy medical history I just don't like some rude guy peeking into my private medical history because some dumbass backed into my best friend's car months ago. STUPID that I should have to deal with this bull.

Neck still hurts when I bend it over all the way, so I'm considering getting xrays (4-5 total) on it to make sure there's no long-term damage that I have to add to my claim. Not sure if it's worth the risk as my pain isn't debilitating but the other day i tweaked it somehow and it felt like it did the day after the accident...so I'm going to talk to my chiropractor again tomorrow.

I just don't like the radiation aspect of it. otherwise it would have been done already...

 

[DreamerTheresa]

How long ago was this?

I recall at one point being worse one day a few weeks after the accident. I wound up calling my sister in tears (I could have called Mike, but it would have been at least an hour and a half before he could have gotten home) asking her to take me to urgent care so I could get muscle relaxers and pain killers.

She said she'd be over in 20 minutes.

20 minutes later, the doorbell rings. So I gather my purse and gingerly open the door, still sobbing in pain.

...it was the UPS guy. Upon viewing his terrified eyes, I slammed the door on him.

"Uh.... ma'am? I need you to sign this....!"

I opened the door, scribbled a signature, shut the door, and laid down on the floor to sob in between my hysterical laughter. Poor fucker. My sister arrived 2 minutes later.

ANYWAY. Yeah, ask your chiro. Depending on how long you've been under care, you might need to consult an orthopedist as well. I came close, and my chiro recommended one, but he asked to give it one more week before I saw an ortho. One week and two adjustments later, I was over my plateau and feeling better.

Have you had any massages with your adjustments?

I know how bad this sucks and I'm sorry you're having to deal with this. I hope it's resolved soon.

 

[Figit090]

Hi everyone, reviving an old thread to say think you all for the advice, a little over a month ago, we finally reached a settlement for the accident. My neck is pretty much healed and was just a soft tissue thing from what we could tell, and I got a decent settlement. What was better though was my odd insurance policy that had a no reimbursement clause of sorts. I didn't have to pay back what they paid in medical, so I kept my portion of that money. Now I have some padding in my bank account...and while it's not much by any yearly wages standard in this country, it's enough. Will surely help me for a few months in rent and in my business for expenses as I buy upgraded photo equipment.

Theresa I'm not sure if I read your last response to this thread but thank you again for all your help, and I'm sorry your injury sounds much more painful than mine ever was. I hope you're all healed from that and no flareups have occurred.

As for my neck tweak, the worst for me was getting in/out of bed or looking upward (at stars for example). My neck would give out in pain and I'd have to grab my head to help it back up, it was a bitch. One month or so after initially stopping treatment it went bad again with occasional twinges of pain when reversing my car or simple things that turned my head. Finally gave in to normalcy after I sought more treatment with my chiro.

So, for anyone thinking of suing or fighting to get what is deserved after genuinely being hurt, take it from me and others in this thread; don't sign off until you're ready and healed, and get a lawyer if you even think you might need one (you need one). Mine was paid a 'standard' 1/3+expenses and because of my non-reimbursement car insurance (they were surprised and hadn't ever seen this before I guess), I was paid out over half the total settlement. Also, be prepared for depositions, paperwork, and a potentially drawn out (over a year, mine took nearly 18 months to settle, without going to court!) case that may require travel. Worth it though if you have a good lawyer and do not stress.

 

[suprafreak123]

Don't let the doctors give you that steroid shot.

 

[Silver MK3]

Glad to hear you are OK, I can't believe it took this long for it to be settled.

 

[Figit090]

Glad to hear you are OK, I can't believe it took this long for it to be settled.

Thanks. Oddly my neck is bugging me again but i'll stretch and massage it out.
I forget when I stopped treatment for it, that took several months in itself, but from the final treatment to settlement did take a while. Stubborn insurance company....

 

[gsxr141]

glad it worked out for you. i was rear ended in my supra last august. they said because the car wasn't "damaged", that there was nothing wrong with me.
long story short..... i ended up with a torn disc, a bulging disc and pain down the left hip and leg. i've been out of work for 15 months now, and my lost wages were cut off LAST january.
the worst part is that the guy only has a $25,000 policy. wtf! i have to go after my insurance company cause i have uninsured coverage. all said, i've lost way more than i'll probably get back. that, and my back still hurts all the time.