Auto Insurance Claims: The claim process, soft tissue injuries, reply thanks


Question
Hi,
My car was hit by another car on August 16, 2009 where the other driver was at fault and admitted it. The accident damaged my passenger side rear door and the front bumper and i filed a claim with the at-fault driver's insurance company. At the time of the accident, I did not have any personal injury nor at the time of filing claim and my car was still drivable. I have already gone to that insurance company's appraiser and received a very low estimate of the damages and they have sent me a draft for the amount they estimated. However, according to a body shop the actual amount to fix the damages is much higher, so i am trying to get into a supplement process. But its been like a week my lower back hurts too back. I never had any problem with my back earlier and I am in a doubt if the accident has affected my back. Since, i did not claim for any personal injury at the time of filing a claim, and its been more than 2 weeks already, I am not sure if i can still claim for personal injury. I did not have any back injuries earlier and never had back pains. So, it seems obvious that the accident has something to do with my back. So, can I still file a claim for personal injury? What are my options?

I look  forward for your reply.

Thanks

Answer
I'm going to assume you meant May 16, 2009 in this answer.  If this is incorrect, let me know as my answer may change.

Soft tissue injuries of this type sometimes are not really noticeable immediately after an accident.  It may take 24-72 hours to really develop.  Now I'm not sure what date you told them you had no injury, but if it was within 72 hours, that is understandable and I don't think they'll be too skeptical.  If it was too much longer after that, they will grow more skeptical.

You can file an injury claim any time within the statute of limitations.  I'm not sure about your state, but it is usually one - three years after the accident.  So legally you can make the injury claim, but the question is whether they will believe you.  I would tell them asap.

Property damage process:  this is very normal.  the insurance adjuster writes an estimate for what he sees.  This is subjective and 2 people may see different things.  Sometimes more damage is found when they tear the damaged parts off.  Take it to a shop, and the shop will ask the adjuster to write a supplement.  It happens all the time and should not be a problem. They should pay the difference to the shop and should cover your rental during this time period.

Disclaimer - I am not a lawyer and this is not legal advice, just my opinion.

Injury process:  You have a bodily injury claim.  Basically, they will try to compensate you for what they believe a judge or jury would award you if you sued the at fault driver and went to trial.  this is very subjective.  They will include reasonable medical expenses, lost wages, and an amount for pain and suffering.  You should go see your regular doctor and he/she will tell you how to proceed.  Once you have recovered from medical care, submit all medical bills to the insurance company.  If you were forced to miss time from work as a result of the injury, you can be compensated for that, even if you have sick leave or used vacation time.  Submit proof of that.  Then decide what you think the pain and suffering is worth.  I can help with that later if you send me the details.  You and the claim rep will then try to negotiate a settlement to avoid a law suit.