QuestionI was rear ended nov 29, 07 in sacramento, california while stopped at a red light. the at fault driver got out of the car and admitted it was totally her fault as she meant to hit the brake and hit the gas instead.
i had an explosive headache at the base of the skull for three weeks straight, which no amount of aspirin or prescribed pain meds could stop. i also have had neck, shoulder pain and stiffness. I went to physical therapy when x-rays showed no fractures in neck and was prescribed pain meds. following the first phys therapy session, i was in greater pain than before i went. while in the waiting room, i learned about digital motion x-rays and checked into those. i made an appt with a chiropractor who offered those and had about 8 chiropractic adjustments until the headache finally went away. I then returned to physical therapy and completed the remaining three appointments. since then i've had two follow up visits with my doctor who x-rayed the right shoulder (which i had rotator cuff surgical repair on in 2001) to see if there was additional damage. that didn't show anything, so i was sent for an mri and am having a consult with a sports medicine doc and an orthoedist from the neck/pain spine clinic this week. my chiropractor took digital motion xrays which showed slippage at C-3 and possible stretching or tear of first and 2nd vertebrae. all chiropractic care including x-rays were billed under my car insurance medical portion, state farm being the company.
i drive a 2005 toyota prius which to my surprise suffered very minor damage, a little over $1000. I'm almost 64, female. x-rays showed degenerating discs at C5-C7 which I was clueless about until the x-rays were taken. i've never had neck, shoulder (but for rotator cuff injury which was 100% recovered withi 8 weeks of surgry) discomfort of any kind nor sought treatment for same ever and have never sought prior treatment for headaches. the neck and shoulder pain and headache is now episodic depending on what activity i engage in. the at fault insurance, usaa, is questioning my injuries in view of the minimal car damage. any advice?
AnswerHi Alice,
I'm sorry to learn of your pain and injuries and know based on my own experience that severe injury can occur with minimal damage to the car.
I was rearended while stopped at a red light in 1986 and suffered a herniated disc at the L5-S1 area of my lower back because of the position of my body at the time of impact (I had turned my body to speak to my passenger). Even though the car damage was only $800, a MRI revealed the herniated disc and I was in physical therapy 2 hours per day, 5 days per week for 8 months, but I made a full recovery and
my back is in great shape 22 years later.
My advise is that you continue all reasonable and necessary medical treatment until you are back to a pre-accident status (or as close as possible).
USAA (or any other insurance company) desires to settle an injury claim for the lowest amount possible. At some point before this claim is settled, they will require that you be examined by what is referred to as an INDEPENDENT MEDICAL EXAMINER who is not independent whatsoever, but a lackey for the insurance company that will later offer statements or testimony in court that your injuries were not as severe as claimed and that you overtreated. He/she is bought and paid for by the adverse insurance company and slants the report in favor of the USAA. When I had to travel across the bay to San Francisco (accompanied by my attorney so I wouldn't say the wrong thing) for my IME, I point blank ask the doctor when was the last time that he treated a patient. After a long pause, he admitted it had been 15 years. He had turned being an IME into his total business (and very lucrative) since I was later able to learn just how much he had been paid.
He/she will review all your medical records and ask lots of questions for the sole reason of trying to discredit your injuries and need of the treatments that you received.
Even though it's a documented fact that many people get help and relief from a Chiropractor, you should be aware that the entire insurance industry is extremely anti chiropractor. Medicare has a $1,500 annual limit as do a large number of health insurance policies.
USAA will value the chiropractic portion of your medical bills at about 50% as opposed to valuing your bills from a medical doctor and physical therapist at 100% toward a personal injury (pain and suffering) claim.
Based on your injuries and the sheer number of Doctors and tests that you have had to use to try to find the source of your problems, I strongly urge you to have a consultation visit with a personal injury attorney. Here in California, almost all attorneys offer the first consultation for free. Just having a consultation doesn't mean that you have to hire the attorney, but it gives you a better idea of your options.
There is a strong possibility that a case like yours could wind up going to trial. You should only consult with an attorney who has trial experience. The latest statistics that I have read indicate that only about 15% of the personal injury attorneys in California have ever tried a case in front of a jury.
If you don't know such an attorney, you can call your county attorney referral service (it's free) and ask for the names of 3 - 5 attorneys with trial experience in cases like yours and have a consultation with several of them. The people working at the referral service are very knowledgeable of the best attorneys in your area (they do get a small kick-back if you wind up hiring someone that they referred), and try very hard to match you with the best.
I wouldn't worry about the degenerating discs having an affect on your claim, (it's quiet common in our age group) but it is something that you should discuss with your primary doctor.
I hope this has been of help.
Any follow-up questions that you decide to ask should be marked PRIVATE, so they won't be read by the whole world.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
